Devastating Case Outcomes? Expert Attorney Explains DA Decisions
Video Transcript
District attorneys can file, reduce, or dismiss charges—and those choices often determine whether a case ends in a plea deal, diversion, or a conviction with jail time. Their decisions are driven by evidence strength, public safety concerns, office policies, and resource limits. This article explains how DAs make charging and plea decisions, why outcomes can change suddenly, and what an experienced defense attorney can do to influence the result.
Ray Hrdlicka – Host – Attorneys.Media
“Do the assistant DA’s in these different counties approach cases like that differently?”
Stuart Kirchick– Criminal Defense Attorney – San Jose, CA
“Yeah, I think they do. For sure. There are counties that treat cases more harshly than others. There are deputy DA’s within the same county that treat these cases more harshly or more leniently.”
Ray Hrdlicka – Host – Attorneys.Media
“Oh my gosh, that’s like, selective prosecution.”
Stuart Kirchick– Criminal Defense Attorney – San Jose, CA
“Well, I mean, not how that’s used in the legal phrase, like right?”
Ray Hrdlicka – Host – Attorneys.Media
“But I’m, just describing it. You get this guy…you’re going to get the charge. You get this guy or this gal, woman, you’re not going to…”
Stuart Kirchick– Criminal Defense Attorney – San Jose, CA
“Trust me. When I walk into a courtroom and I see what DA is handling my case, it makes all the difference. And even with the judge, you know, it’s like, okay, we’re in a good department. I have a nice, reasonable DA. Or other times, the opposite is like, oh man, you know, the DA’s handling this case is just hard core. Like, it’s just…that’s their attitude about these types of cases. And it’s going to be hard to get a decent disposition. And that’s within the same county. So, it’s just….”
Ray Hrdlicka – Host – Attorneys.Media
“It’s luck of the draw, or bad luck of the draw.”
Stuart Kirchick– Criminal Defense Attorney – San Jose, CA
“Sometimes. Yeah…”