The prosecution is one of the two sides in court responsible for presenting a particular case against an individual or organization for breaking the law as part of a criminal trial. The prosecution can also be understood as the role of the government in the criminal justice system and the prosecutor is an individual, more specifically, a lawyer who works for the government and who develops the government’s case against the individual or party suspected of the crime. A prosecutor will normally investigate and arrest or charge an individual and bring the individual to trial. Since a prosecutor is responsible for targeting the defense side, you can assume that the prosecution in a DUI case will be experienced and knowledgeable about drunk driving laws and cases in your particular State.
A prosecutor will generally be approached by the police who have arrested you and investigated your DUI case so far. A prosecutor will generally consider the policy considerations, the solidity of the case and whether it can be proved or not before going ahead with the case. If the prosecutor decides not to go ahead with the DUI case, it will usually be over. It is very important, for the prosecutor to have some sort of assurance that there is sound evidence present against the defendant. For example, if the results of the breath test are not reliable or sound or have been lost; then the prosecutor will thoroughly reconsider the case before going ahead with it in the absence of a crucial piece of evidence.
Initiating a DUI Case
In order to initiate the process of a DUI case, the prosecutor will file a complaint and he or she will also be present in court at the defendant’s hearing before a judge. At times, if the defendant is being bailed, the prosecutor will have a say in that as well; if he or she has no objection to the bail, it will be allowed. When the trial starts, it will be the prosecutor who will be required to go first and present the government’s case against the defendant, providing all facts and allegations. The prosecutor will also be required to present evidence against the defendant and prove, beyond doubt, using competent witnesses that the defendant was in fact drunk driving. Usually, the arresting police officer or the one who performed the breath test will be the key witness for the prosecution. Apart from this, the prosecutor may also have other responsibilities with regard to the defendant’s DUI case. These responsibilities may vary from State to State and even from court-house to court-house.
Defending your DUI charge
Remember, that if you have been charged with DUI in any State, then it is imperative to have the best DUI lawyer who can educate you about all sorts of DUI laws and practices in that State. Moreover, your DUI lawyer should also be able to give you information about the role of the prosecution in your DUI case. If you and your DUI lawyer wish to win your case, then you need to know and understand your prosecution, who will be employing all legal methods and evidence to make sure you are penalized. Don’t, in any way, think that the prosecution is the government’s representative and can be weak in any form because the fact is that, the prosecution can have a lot of power to influence court trials especially in the case of drunk driving.
The prosecution represents the government in court, they pursue a DUI conviction with all their expertise and experience, and they investigate a case thoroughly and fish for all sorts of evidence against the offender that can be presented in court. The prosecution can also recommend a particular sentence for the defendant if he or she is found guilty of DUI.
Therefore, if you have been charged with DUI in your State, then the best thing you can do for yourself, is to ensure that you have the best possible protection, against the prosecution. That is, you hire an experienced and knowledgeable DUI lawyer in your State, one who can help you with the details of your case and guide you throughout the trying experience of the DUI trial. Your DUI lawyer should also be able to represent you in court successfully and present a convincing case in your favor.