Have you ever wondered what the prosecution is thinking when they show up in Court? Most of us want a crystal ball that gives the answers to how a criminal case will turn out before stepping foot in the Courtroom. This is understandable, given that your freedom may be at stake. Knowing how the state’s attorney goes about prosecuting cases and the thought process that goes into pressing charges against a defendant helps you decide whether to negotiate a plea or go to trial. There is no way to know unspoken thoughts, but when dealing with criminal law processes there are some insights into how the case is worked up by the state that are beneficial to the defense.

Florida criminal procedure law involves several parties and processes. First, the police make an arrest, then charges are filed, and next the state’s attorney prosecutes the case. The procedure may include plea negotiations, or going to trial before a Judge or jury. Deciding how to best proceed is made easier when you know these three things about how the prosecution makes decisions on how to pursue the charges against you:

  • Plea offers are made by the prosecution by following office policy or precedent. It can be difficult to get the prosecuting attorney to deviate from the normal plea offer made for similar charges.
  • Some state attorneys are using their position as a stepping stone for greater positions, possibly with political undertones. These ambitions can impact how the attorney assigned to prosecute your case interacts with your attorney, the Judge, and the jury.
  • In some instances the state’s attorney views the case as “doing the right thing”.

While there are no guarantees as to specific outcomes, when you know how the prosecution views the case you are better equipped to make decisions when negotiating terms. These small insights will also help you provide much needed input when you legal team develops a defense strategy for your case.

If you have been arrested and have questions about the criminal law process, call our office to learn your options. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.