Discover Effects Of Poor Attorney-Prosecutor Professional Relationships

In most criminal cases, you cannot switch prosecutors just because the attorney-prosecutor relationship is poor. Prosecutor assignment is typically controlled by the prosecutor’s office, so strained relations can reduce plea bargaining flexibility and make negotiations harder. This article explains how poor professional relationships affect outcomes and what practical options defendants and defense counsel may have.

Ray Hrdlicka – Host – Attorneys.Media

“So, what happens, with a particular county…you’ve got a great deal of experience here in Pierce County…you have this prosecutor that you’ve had a good relationship with…let’s say that…and you’re able to get some plea bargaining. And this one here, is a very difficult one to deal with. Can you ever switch in a case?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“No. The criminal defendant and the defense attorney have no ability to dictate what prosecutor’s handling the case.”

Ray Hrdlicka – Host – Attorneys.Media

“Is it just luck of the draw whether you get a good relationship or a bad relationship?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“You can certainly view it as luck of the draw, but when you go back and look at the fact that there’s a head attorney that’s running the office, and that attorney sets the tone and sets the guidelines, generally most prosecutors are going to work within those guidelines. I do know that I’ve got some prosecutors, that if I see is on the other side of the case, I know I’m likely having to end up trying the case. Because we’re never going to be able to have a conversation about mitigation at all. And a lot of time, that happens in cases where gangs are part of the case.”