The Prosecutor’s Role in a Drunk-Driving Case
Prosecution refers to the government’s role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government’s case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states’ attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or “adversary” of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.
Because these public attorneys focus their energies on prosecuting criminal cases, they are generally very experienced. Therefore it is extremely important for a drunk-driving defendant to consult a DUI attorney who has experience defending people charged with these types of crimes.
If you are concerned about preserving your rights as a defendant and want to strike a fair balance in court, you should strongly consider reaching out to a skilled criminal defense attorney such as one at The Gasper Law Group in Colorado Springs, Colorado, particularly one knowledgeable in drunk-driving law.
(719) 212-2448 or complete our contact form.
Prosecutors Decide Whether to Pursue Drunk-Driving Cases in Court
A prosecutor usually becomes involved in a drunk-driving case through a referral from the police who have investigated, arrested, searched and processed an alleged offender. In making the decision whether to go forward with a case, the prosecutor usually considers three things: whether the case is legally sound, whether it can be proved and the relevant policy considerations. If the prosecutor exercises his or her prosecutorial discretion by deciding not to go forward with a case, it will usually be over.
The prosecutor must be assured that there is enough reliable evidence to prove the drunk-driving charge before he or she will bring the case to trial. For example, if the Breathalyzer® machine malfunctioned or the test results were lost, the prosecutor may decide to dismiss the case because crucial evidence would be missing or substantially weakened.
Policy considerations are always part of the decision to prosecute a particular defendant, because the prosecutor’s job is to serve justice in the public interest, not only to win every possible case. The defendant might have mental or physical problems that make a pretrial diversion program, like alcohol or drug treatment or a suspended prosecution, a better option than trial. Finally, a prosecutor must consider the limited resources of his or her office when choosing which crimes to pursue.
Prosecutors Represent the Government-the City, County or State-in Drunk-Driving Cases
The filing of a complaint or other official document by the prosecutor officially starts the DUI court case. The prosecutor appears at the defendant’s initial hearing before a judge to represent the government with regard to pretrial release issues like bail. If the prosecutor has no objection to the defendant’s release before trial, bail is usually allowed. At trial, the prosecutor is allowed to go first and presents the government’s case against the defendant. The government must prove each element of the drunk-driving charge beyond a reasonable doubt, based on relevant, credible evidence elicited through the testimony of competent witnesses. In drunk-driving cases, the arresting officer is generally one of the key witnesses for the prosecution. The prosecutor also participates in requesting or objecting to jury instructions given by the judge at the end of the trial, although jury trials are not available in all drunk-driving cases. The prosecutor may also be called on to defend the government’s sentencing recommendation, if there is a dispute over the appropriate sentence to be imposed.
-
Committed to the Community
-
Helping People First
-
Offering Payment Plans
-
"A courteous, respectful, and efficient group in all phases and aspects of due diligence"Highly professional team of attorneys and paralegal staff who work hard to reach the best outcomes for their clients. A courteous, respectful, and efficient group in all phases and aspects of due diligence, and discovery with effective preparation of cases entrusted to them. The partner representing me, Ms. Caryn Adams was truly impressive in her knowledge of the law, her empathy, and her care for getting the best possible resolution in my favor in pre-trial negotiation. And I have no doubt she and her team would be just as dedicated and efficient in more complex defense situations. I recommend them highly and without reservation in all areas of the law in which they are eminently qualified.- Salah H.
-
"Thank you so much! You helped complete our family and we are forever grateful."Christine, Kris, and Ebony are amazing and compassionate. We enjoyed every interaction. Gasper Law firm keeps appropriate communication and not in excess which keeps our cost low. We are so very grateful. Even if an unexpected turn in our guardianship hearing they remained diligent to ensure things were done in a timely manner. Thank you so much! You helped complete our family and we are forever grateful.- Misty M.
-
"They answered every call, every email from me in the long process of this probate and they all was very professional"
I really want to Thank Jack, Emily, and Therese for all their hard work taking care of my sister Pamela Bellos’s estate , they answered every call, every email from me in the long process of this probate and they all was very professional
- Karen B. -
"I highly recommend you use them to make your life easier. I couldn’t ask for a better team!"I used the Gasper Law Group when I was going through my divorce and child custody case. I got the outcome I wanted, Carrie Kelly and Kimberly Lucas made my life 10x easier considering i didn’t know what I was doing. They were patient, and caring and even made me laugh a few times. I highly recommend you use them to make your life easier. I couldn’t ask for a better team! I’m now happily divorced and got my kiddo 50/50! You guys rock and if anything comes up in the future, I’ll be sure to use you guys! Thanks so much gasper law group for the fast and professional services!- Micheala E.
-
"I was absolutely floored with the knowledge and expertise that not only Caryn carries, but the firm as a whole."I, unfortunately, was involved with two separate situations within a few years of each other, which left me in quite a bind both times. I was lucky enough to have Caryn assist me in both cases and was absolutely floored with the knowledge and expertise that not only she carries, but the firm as a whole. One of the best, if not the best lawyers I've ever come across. Extremely nice and very honest. I was able to resolve my situations with minimal impact and continue my life without fear of being held back.- Former Client
-
"Caryn Adams took such good care of me"Caryn Adams took such good care of me threw out my legal situation and was constantly keeping me in the loop! Couldn’t ask for better representation!- Ryan L.
-
"I highly recommend that you not waste your time hiring other attorneys and hire the Gasper Law Group."After an absolutely crazy incident that could not have been seen almost anywhere besides a movie. I received some serious charges and was in search of an attorney. They would not only represent me but need to do the right thing because it's the right thing...- Lance F.
-
"If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service."Gasper Law Group is great to work with. I recently did Estate Planning and they were awesome. Explained everything thoroughly. Emily, Jack, Therese , Holly, and Emily are all very professional. If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service.- Ruby D.
Contact a DUI Attorney in Colorado Springs
Prosecutors have a lot of power and influence in drunk-driving cases. They take the case from the police and decide whether to pursue it in court; they represent the government in court and pursue a conviction; and they may recommend a particular sentence, if the defendant is found guilty. Prosecuting criminal cases is what these government lawyers do day-in and day-out. Accordingly, if you have been charged with drunk driving, it is very important that your lawyer is smart, tough and experienced.
Contact a knowledgeable DUI defense attorney at The Gasper Law Group in Colorado Springs, Colorado, now.