If Tom Brady ever retires from the New England Patriots, the Miami Dolphins would kill to have him as
a coach. Why? He would be able to tell them every play the Patriots would make, reveal every Patriot offensive strategy, and teach the Dolphins how to punch a hole through the Patriots’ defensive line. The same theory applies to a former prosecutor who is now a defense attorney.
Fort Worth former prosecutors know how the prosecutor on your case is going to view the evidence against you. Is the evidence compelling or weak? Is the evidence subject to interpretation? That assessment is vital because if the evidence is subject to interpretation, an experienced attorney can determine which version is most favorable to your case and can track down witnesses and evidence that will support that version of events. It is the prosecutor’s opinion on these questions that dictate whether your case will be disposed of early on or dragged out through a lengthy trial. A defense attorney can sway the prosecutor’s opinion on the evidence, but only if the defense attorney understands what evidence the prosecutor will likely determine to be subject to interpretation. Knowing how to spot such evidence, build a case that reflects the most favorable version of that evidence, and how to properly present it to the prosecutor for review can substantially change the course of your case.
A former prosecutor can quickly assess which cases the State will likely pursue vigorously to trial and which cases the State will likely want to work out. This knowledge is invaluable during plea negotiations. A defense attorney who knows the likely course your case will take can help you make decisions; decisions that will affect your work and your personal life during the year or more that your case is pending. Also, a former prosecutor will know which arguments are likely to get a prosecutor’s attention (and thus a better plea deal) and which arguments are likely to be ignored entirely. Though no prosecutor would make a lenient plea offer just because they like a defense attorney, there is always a range of what an appropriate offer is in any case, and it is often the defense attorneys who have a cordial working relationship with the prosecutor who get the lower range offers.
Some may think that a former prosecutor would believe the police can never lie. It is quite the opposite. Former prosecutors left their former position for a reason, and often it is because they were exposed to the all too-human side of the police force. While there are many good officers, anyone who has worked closely with the police knows there are also bad officers, and a former prosecutor would have worked extensively with the police during their time with the State.
Prosecutors are in court every day. As a result, the prosecutors know the judges and court staff well. Judges are human, and they each have their own unique beliefs and preferences. A former prosecutor knows which judges would be receptive to which motions. For instance, if a particular judge has had bad experiences with the integrity of a certain police department’s officer’s, that judge may be more receptive to argument on a motion to suppress based on police misconduct than a judge who is married to a police officer. Knowing the judges in that manner can help an attorney guide a client on the best possible strategy for their case.
Prosecutors are often overworked but from that large caseload comes an abundance of opportunities to be in trial. Trial experience is more valuable to an attorney, and thus to their clients, than any other experience. Having an advocate who has tried cases on both sides of the courtroom is a tremendous advantage. Consider this, a misdemeanor prosecutor likely tries several cases in a month. Even a high level prosecutor trying murder cases could try more than a dozen cases a year. Do the math. A former prosecutor with even 7 or 8 years of prosecution experience will have tried innumerable jury trials; likely dozens and dozens more than anyone who has never worked as a prosecutor. That experience results in a defense attorney who is not just knowledgeable about the law, your case and its possible defenses, but who is comfortable in front of the jury, able to explain the law in a way the jury will understand, and able to be an effective advocate for you.
However, the advantages of being a former prosecutor are not limited to extensive trial experience. The life experience that comes from working as a prosecutor is astounding. Prosecutors see everything from the pettiness of neighbors fighting over whether one trespassed on the other’s land all the way to the tremendous tragedy of a family member dealing with their loved one’s death after a crash caused by driving under the influence. This life experience can help mold a no-nonsense but compassionate, hardworking person — someone who will listen to you and fight to get you the best possible result for your case.
So who are you going to hire?
Two former prosecutors who have together tried over 150 cases in front of juries work at Bryan Hoeller Law. You can reach them at 877-208-3382.