Pros and Cons of Hiring a Former Prosecutor as Your Defense Lawyer

Pros and Cons of Hiring a Former Prosecutor as Your Defense Lawyer

When facing criminal charges, hiring the right defense lawyer is crucial. Your freedom, reputation, and finances may depend on it. Many defendants wonder if they should hire a former prosecutor. Does their inside knowledge of how the system works make them more effective? Or do they still think like prosecutors, hurting clients?

Below we’ll explore the key pros and cons of hiring a former prosecutor as your criminal defense attorney. This will help you make an informed decision if you’re accused of a crime.

Pros of Hiring a Former Prosecutor

There are several advantages to hiring a defense lawyer who previously worked as a prosecutor. Their experience on the other side of the courtroom can significantly benefit clients.

1. Trial Experience

Few criminal cases actually go to trial. Most end in plea bargains. However, former prosecutors try many more cases than the average defense attorney. Their additional courtroom experience helps in several ways:

• They can better identify weaknesses in the prosecution’s case.
• They have more experience questioning witnesses and evidence.
• They know how to emotionally connect with juries during trial.

This courtroom experience gives former prosecutors an edge defending you. They know how to win over juries because they’ve done it as prosecutors [1].

2. Insight Into the Prosecution

Former prosecutors understand how the prosecution operates. They know their strategies and techniques because they used them themselves. This inside knowledge helps them anticipate the prosecution’s moves [2].

Specific insights former prosecutors have include:

• Knowing which arguments appeal to prosecutors.
• Predicting what evidence and charges they will pursue.
• Crafting effective counter-arguments.

This gives your defense attorney an advantage in plea negotiations and at trial.

3. Relationships With Prosecutors

A former prosecutor likely has relationships with the lawyers on the other side. They may have even worked together. This makes it easier to negotiate and work with them [1].

These relationships can benefit clients in several ways:

• Prosecutors may offer better plea deals.
• They can more easily obtain information from the prosecution.
• There is greater trust between sides.

Even if they haven’t worked with the specific prosecutors before, their reputation still helps.

4. Relationships With Police

Similarly, former prosecutors have often built relationships with police officers. This inside knowledge helps them prepare your defense [2].

A former prosecutor may understand:

• How police conduct investigations.
• How to obtain evidence from them.
• Which officers make good or bad witnesses.

They can use their connections to get information and prepare your case.

5. Knowledge of Judges and Courts

Former prosecutors are experienced with the local judges and courts. They know the unwritten rules and norms in each courtroom [2].

Specific insights they may have include:

• How individual judges rule on objections and motions.
• What arguments work best with each judge.
• How the court staff operate.

This helps them focus more on defending you, rather than learning how the courts work.

Cons of Hiring a Former Prosecutor

While former prosecutors bring useful experience, there are also downsides clients should consider.

1. Pro-Prosecution Perspective

Some former prosecutors still think like prosecutors, even after switching sides. This pro-prosecution bias can hurt clients [3].

For example, a former prosecutor may:

• Push clients to take plea deals rather than go trial.
• Not fully understand defendants’ rights.
• View clients as guilty until proven innocent.

This perspective makes them less willing to vigorously defend you.

2. Lack of Defense Experience

Even experienced former prosecutors have less experience actually defending clients. There are key differences in strategies and mindsets between prosecution and defense [3].

For instance, former prosecutors may struggle with:

• Only having to prove guilt, not innocence.
• Protecting defendants’ rights.
• Humanizing clients to juries.

Their prosecution background can leave knowledge gaps.

3. Entrenched Views

After years as prosecutors, some develop entrenched views about defendants and policing. They may, for example, assume clients are guilty or trust police testimony [4].

This can lead them to:

• Doubt clients’ innocence.
• Not investigate police or prosecutors aggressively.
• Accept plea deals too readily.

Their past role may shape deep biases.

4. Poor Public Perception

Some clients don’t like the idea of a former prosecutor defending them. Even if competent, they may not trust them fully [4].

Potential issues include:

• Concerns over loyalty and commitment.
• Privacy concerns about case information.
• Discomfort over their past role.

This perception issue can undermine the attorney-client relationship.

Key Takeaways

When weighing whether to hire a former prosecutor, keep several key points in mind:

• Their trial experience is a major advantage.
• Insights into prosecutors help them build strong defense strategies.
• Relationships with system players aid negotiations and information gathering.
• A pro-prosecution bias can blind them to defendants’ rights.
• They may lack experience actually defending accused clients.
• Entrenched views from their past role can be hard to shake.
• Some clients distrust lawyers who were former prosecutors.

Carefully vet any former prosecutor you consider hiring. Probe their commitment to defend you fully. Overall, their inside knowledge can provide an edge. But ensure they now think like zealous defense attorneys, not prosecutors.

Facing criminal charges is challenging. Hiring the right lawyer makes a major difference. Understanding the pros and cons of former prosecutors helps you make an informed choice. This increases your chances of the best possible outcome.

References

[1] https://www.marchartlaw.com/blog/five-reasons-you-want-a-former-prosecuting-attorney-as-your-criminal-defense-attorney
[2] https://aggressivedefense.com/pros-and-cons-of-hiring-a-criminal-defense-attorney/
[3] https://www.jasonenglishlaw.com/reasons-to-hire-a-criminal-defense-lawyer-who-is-a-former-prosecutor/
[4] https://www.crimetraveller.org/2022/03/6-pros-and-cons-of-hiring-a-private-criminal-lawyer/