Your Orange County DUI defense attorney should be aware if the prosecutor makes extensive notes following a pretrial conference. Generally, your defense attorney will be interacting with a prosecutor employed by a large governmental agency (for example, the state attorney’s office). At large governmental agencies, often more than one prosecutor is assigned to handle a case throughout the entire court proceedings. This requires that the specific prosecutor handling the case on any given day take and file notes for the other prosecutor(s) involved. Usually, this note-taking is done in front of the defense lawyer in open court.
It is a fair assumption that there is something atypical – good or bad – about the case if your Orange County DUI lawyer observes the prosecutor writing extensive notes. Long notes are usually not needed for average cases. How will your attorney be able to discern if the notes reveal a feeling of strength or weakness on the part of the prosecution? Usually, the next pretrial will give definitive clues. The notes written from the previous proceeding will often dictate the tone and nature of the prosecutor’s comments at the next pretrial hearing. If the notes are not good for the defense, the prosecution will often take a hard line; if the notes reveal that the prosecution thinks it has problems, the state might take a more conciliatory position.
Probationary Period of New DUI Prosecutors
Sometimes a unique opportunity to settle a case is presented by new DUI prosecutors who are on probation. Frequently, prosecutors on probation are judged on their won-lost record in trial. The probation prosecutor may be much more interested in settling your case if he or she has recently lost a case and your DUI attorney can demonstrate that taking your case to trial will be problematic.
If you have recently been charged with a DUI would like to discuss your case with a DUI defense attorney in Orange County, please call Coffey and Coffey at 800-706-7888.