BAD IDEA SERIES: Having a Conversation with the Prosecutor
Here's why this is a TERRIBLE idea...
1. The Prosecutor's job is to PUNISH you.
If you are charged with a crime or a traffic infraction. The Prosecutor's job description is to prosecute you. In other words, to "see justice is done." Alternatively, their job is to "punish you to the fullest extent of the law."
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| Jack McCoy, Prosecutor, LAW and ORDER |
You are not having a conversation with somebody who is looking out for your best interests --since their interests are in direct conflict with your own.
2. Anything you say or write to the Prosecutor "can and will be used against you in a court of law."
If you are charged with a crime/ticket, literally ANYTHING spoken or written by you constitutes an "admission." Admissions may even be statements that seem insignificant.
For example, you could admit to visiting your parents house in Ithaca last week. Then, unbeknownst to you, the prosecutor uses your admission (and other factors) to charge you with something that happened "in Ithaca last weekend."
3. Once the Cat's Out of the Bag ---a Defense Attorney Can't Fix it!
I often get phone calls from people who tell me, "Well, I tried to handle my case, but I didn't like what the prosecutor said to me...and I need your help."
This statement causes defense attorneys to inwardly groan. We groan because we know our job just got exponentially more difficult. In most cases like this, a client either sent an email, or had a conversation with, or wrote an apology letter to a prosecutor.
Once that happens--the prosecutor has a GREAT CASE against you. If we went to trial tomorrow, they would be all set, and the client's defense has been destroyed.
--SOLUTION TO THESE ISSUES---
Hire an attorney. If it's a traffic ticket, criminal charge, or DWI, the lawyer can say anything he/she wants without ruining your possible defenses or potentially making the prosecutor angry. The lawyer acts as your buffer between admitting stuff and negotiating a good result.
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
