Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

November 4, 2011

What is the role of the prosecuting attorney in a criminal trial?

Filed under: Criminal Defense — Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , — markj @ 7:00 am

In any criminal trial, there are two sides: the prosecution and the defense.  The defense is of course the side against which charges of a crime have been filed, which is often an individual who has been accused of breaking the law in some way.  The prosecution is the side that brings those charges against the defendant.  The prosecution is often some level of government—either federal, state, or local—and the prosecution is led by the prosecuting attorney.

The prosecuting attorney leads the case throughout the criminal legal process and has several key roles in fulfilling this responsibility.

Filing charges. The prosecuting attorney is responsible for review evidence of a crime to determine if the prosecution has a sufficiently strong case for charges to be filed against the person accused of the crime.  The prosecuting attorney does not gather the actual evidence—that is the role of a crime scene investigator—but rather just reviews the evidence that has been found.

Presenting evidence before grand jury. For criminal cases that go before a grand jury, which is a group of people seated to determine if the prosecution has a sufficiently strong case to formally try a person for a crime, the prosecuting attorney is responsible for presenting evidence to the grand jury.

Presenting evidence in trial. During the trial, the prosecuting attorney is responsible for giving opening and closing arguments.  These arguments are statements explaining why the government believes the defendant should be found guilty.  The prosecuting attorney also provides evidence—which can include testimony of witnesses or experts, physical objects known as exhibits, or other documentation—in order to convince the judge or jury that the defendant is guilty of the crime.

Negotiating plea bargain. If the defendant is willing to plead guilty to a lesser charge than what the defendant is being tried for, it is up to the prosecuting attorney to negotiate with the defense and agree to the specific details of what the charge will be and the sentence that the defendant must receive.

Recommending sentence. If a defendant is found guilty of a crime, the prosecuting attorney will recommend a sentence that they believe is fair and sufficient punishment for the defendant to receive.  The prosecuting attorney does not actually determine the sentence given to the defendant, as that is the responsibility of the judge who presided over the trial.

In performing each of the above roles, the prosecuting attorney is primarily responsible for upholding the interests of the government in the legal process.  However, the prosecuting attorney should also consider the interests of the victim of the crime, as the victim’s interests may not align with those of the government.

I have been charged with a crime.  How can I obtain legal assistance?

If charges have been filed against you for a crime, or even if you are being investigated for a crime, you can and should obtain legal assistance by completing the short form found at http://www.criminaldefensehome.com/eval_bar.php.  By completing this form, it will allow a criminal defense attorney to review your case and provide an initial consultation concerning your situation.  This review is free of charge, completely confidential, and does not obligate you to anything further.

Being charged with a crime is a serious legal matter than can impact your life and possibly your freedom for many years.  Therefore, please take this opportunity to obtain help in evaluating your case.

by Mark Johnston



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