Should I Just Talk to the Prosecutor in my Criminal Case?

Don’t expect anything useful to come from that. Many times people think because they made a mistake or because no one will believe their side of the story – they need to just visit with the prosecutor, take their medicine and get it over with because it’s hopeless. Even if your case is difficult, there are issues a lawyer can address with you fight the case or to limit the damage so the case doesn’t hurt you 20 years down the road.

Criminal cases in Texas are set on what Courts call a docket. Courts have hundreds and sometimes thousands of cases to deal with at a time. Not everyone can have a trial all at once. When you go to Court after being released from jail, it serves two main functions. First is so the Court knows you aren't skipping out on your bond and second is so that your case can move towards a resolution – either a plea bargain, dismissal, or trial.

If you go to Court without a lawyer, often Court staff such as the Bailiff or the Court Coordinator will suggest you visit with Prosecutor before you inquire about getting an attorney. While this may seem like a convenient idea – there is very little in it for you. This is not to suggest they are trying to dupe you, but protecting your criminal record takes a back seat to their lunch hour.

Our system is adversarial. The prosecutor may be a nice person. Most are. But they are your legal opponent and frankly most have never defended anyone so they don’t understand nuances to keep your record clean. Most have never had to crack a book on these issues. Many will make lazy representations about your rights, about the effects of a guilty plea, and will leave you feeling hopeless.

Regardless of what a prosecutor may tell you, whether something can possibly "come off" your record in the future is a complicated legal issue and it doesn't happen by itself. Not only that, but it's not the prosecutor's job to point out legal and factual weaknesses in his own case which can result in acquittal.

It’s also a common misconception that prosecutors will retaliate against you for talking with a lawyer and be tougher on the case. Police may grimace when you ask for a lawyer, but the prosecutor appreciates working with a lawyer on the other side.

Talk to a lawyer!

Jeremy F. Rosenthal, Esq.

(972) 562-7549

www.ndrlaw.com