Why A Former Prosecutor May Be Your Best Defense

It is the prosecutor’s job to build cases with sufficient evidence to show probable cause that a crime has been committed and that the defendant is responsible for the crime as charged. To do this, he or she must be familiar with law enforcement techniques in criminal investigation, understand how to gather and present evidence, and know how to interview and prepare witnesses. A prosecutor must also possess a strong understanding of what evidence is necessary to prove the case beyond a reasonable doubt at trial.  A prosecutor also knows what would constitute a fair plea offer recommendation and disposition.

This unique perspective gives former prosecutors a distinct advantage as defense attorneys. The experience they acquired as prosecutors helps them to craft tailored defenses to address the nuances of your individual case. Because they had been in the position before, they can often anticipate what the prosecution might do before they even do it, keeping them one step ahead in planning your defense.

In our criminal justice system, the prosecution must prove the case beyond a reasonable doubt. First-hand knowledge of how the prosecution presents its case can help defense counsel establish reasonable doubt.

A prosecuting attorney should be familiar with law enforcement investigation legal standards and understand how mistakes or oversight in the investigation process can affect the outcome of a case. A defense attorney with prosecutorial experience has a unique appreciation of the significance for crucial steps in the initial investigation.

Another advantage is that throughout their term in office, prosecutors become more familiar with the local courts and judges. They have practical experience with similar cases and how the individual courts have ruled on specific cases and legal issues. As defense counsel, this knowledge helps them to anticipate which defense strategy would be most effective for your case.

Skilled prosecutors will earn the respect of their peers, and that respect can prove helpful when advocating on behalf of the client.

In short, a former prosecutor’s experience, both in and outside the courtroom, and knowledge of the justice system just may prove to be your best defense against any criminal charges you face.