Today's Raleigh DWI Attorney blog is going to deal with the roll of the Assistant District Attorneys in the prosecution of Criminal Defendants. Though today's Raleigh DWI Attorney blog deals in the area of Driving While Intoxicated, this blog applies to all criminal prosecution; including traffic.
First, don't think this blog will be used to bash those who are Assistant District Attorneys. Though I am currently a DWI Lawyer Raleigh and DWI Lawyer Durham, I was actually sworn in as an Assistant District Attorney before and prosecuted cases for the State of North Carolina. Many fine attorneys have before, and are currently, quality Prosecutors. I can tell you from experience, the job is hard, tedious, and often thankless. No, today's blog will be used to advice you as to the roll they play in the prosecution of your case (hint: it's not normally to assist you).
First, a brief explanation of the U.S. Justice System as it applies to courts. Our trials are what are known as "adversarial proceedings." Basically, both sides do their best for the side they represent, and through that effort, the truth is suppose to come out. Basically, the Assistant District Attorney does their best to represent the State by prosecuting criminal defendants to the best of their ability. Defendant, either by themselves or with the assistance of counsel, present their best defense. Many people have discussed the flaws inherent in our system, unfortunately this is the system we have to work within.
So, the Assistant District Attorneys are there to prosecute your case. If you are your attorney's client, then the Assistant District Attorney's client would be the State. So, when an Assistant District Attorney is dealing with the facts, as well as dealing with Defendants, their main goal is to serve the needs of the State by prosecuting those cases. For that reason, the Assistant District Attorney IS NOT normally working in your best interest. Now, as a caveat, I will acknowledge that certainly there are those Prosecutors who recognize a mistake by the State, and will work to overcome it. If the evidence is poor, the arrest is flawed, or the case is meritless, the Assistant District Attorney should do what is right and dismiss the case. Unfortunately, though the Prosecutor may do the right thing, you cannot count on it when it comes to the defense of your case.
First, the Defendant should never acknowledge anything to the Assistant District Attorney with regards to the facts of the case. Again, they are working for the State, so admitting anything can AND WILL come up in trial or at least in their decision in how to handle your case.
Second, the Assistant District Attorney CAN NOT and WILL NOT provide you with legal advice, so don't ask. In fact, it would violate Ethical Rules of the North Carolina Bar if they were to advice you. As mentioned before, they represent the State, they are the adverse party, they cannot advice you as to how to handle your case, whether to accept a plea, or what could happen if you go to trial. I can recount many-a-times when I was a Prosecutor, where I knew what the Defendant should do, but couldn't tell them. This is why it is ALWAYS a good idea to speak with a Cary Criminal Attorney, Apex Criminal Attorney, Raleigh Criminal Attorney or Durham Criminal Attorney about your case. If you are considering representing yourself, consider the fact that most attorney's fees are reasonable when compared to the potential consequences that a Defendant could face. Though no outcome should ever be guaranteed by a Criminal Defense Attorney, it's always a good idea to hedge your bets.
