You've been charged with a crime, and you're headed to court. As experienced criminal defense attorneys, we feel it is important to understand what motivates judges and District Attorneys. If you know their mindset, you'll know how to prepare.
The District Attorney is the prosecutor in your criminal case. They are the ones to make recommendations to the judge – regarding sentencing, plea agreements, or case dismissals. It's important to stop and think about what motivates the DA: They don't want to put their career at risk, so they look for the result that is safe for them, as well as the most just. They are concerned about doing the right thing, but they're also concerned about their job. So, whatever advice they give to the judge, they want to have substantial justification for, in case you re-offends, someone criticizes their actions, or you turn out different than they thought you were. For each step of the process, it is important that their boss approves of the procedures they take. As long as the Deputy DA is following the policies and parameters set up, they are likely to go along with the suggestions of an expert criminal defense lawyer.
In the courtroom, it's important to have an advocating fighting on your behalf.
It's important to understand that judges love their jobs. They are people, just like the rest of us. So, they're not going to do something that jeopardizes their work, or that subjects them to criticism from the public or the District Attorney. Overall, judges lean toward the prosecution, because they know the DA is a powerful force when it's time for a retention vote. The District Attorney represents the state of Colorado, so judges view DA's as representing the interests of the voters – the voters who decide if the judge can keep his job. Judges are concerned about criticism from the media and the public. The media can report a decision a judge makes, and then if that person re-offends, the judge's career could be hurt. So, they often consult outside, professional sources to confirm their decisions, such as probation, or other psychologists or professionals. Then, if there is a backlash from a sentencing decision, the judge can say he relied on the opinion of various professionals.
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If you've been charged with a crime, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at O'Malley and Sawyer, LLC for a free consultation at 303-830-0880. Together, we can protect your future.
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