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DUI / DWI Lawyers Knoxville TN
The Role of a Prosecutor in a Tennessee Drunk Driving Case
When a person is suspected of committing a crime - any crime - then the government has been given authority to seek "justice" on behalf of all the citizens of a particular jurisdiction. This is often referred to as a Prosecution. In other words, when a crime is suspected, it is the responsibility of government authorities to investigate the crime, arrest those implicated, and bring charges against the alleged offender in Court. The person who is responsible for doing all of this is called a "Prosecutor" and works to create the best case possible for enforcing the law. These Prosecutors are almost always attorneys, but depending on the case, they may be city attorneys, district attorneys, county attorneys, or state attorneys. In some jurisdictions, a police officer may act as the Prosecutor in a drunk driving case. Whenever dealing with a Prosecutor, remember, their job is to build a case against you. So never speak to them without the advice of an experienced attorney, no matter what!
Do All Cases Go to Trial?
The short answer is no, they do not. Criminal cases are referred to a prosecutor by the police after investigating, and deciding to arrest an individual. It is then up to the prosecutor to review the facts of the case, including the evidence against the accused and decided whether the case is strong and can be proven in court. If the case is not considered strong enough, the prosecutor has the authority to drop the charges, and that will typically end the case.
However, even in cases where the prosecutor decides to move forward with the case, an experienced attorney can make all the difference in getting the case dismissed before a judge. There are a multitude of reasons that can lead to a dismissal, including failure of the officer to follow legal procedures in administering a Breathalyzer test. Getting the case dismissed before a trial is a legitimate possibility in many cases. The arresting officer is generally a key witness in any DUI trial, so determining whether the arresting officer followed proper procedure in determining whether to arrest an individual is key to having a strong case, or a weak one.
A prosecutor may also consider other options besides a trial. Agreeing to undergo alcohol or drug treatment is a potential alternative to a lengthy and potentially embarrassing trial. Or, if a prosecutor is unable to commit resources to any new cases, he or she may decide to aim for an option other than trial. You can contact your Court Clerk for more information on the judicial process. Click for a list of Tennessee Court Clerks or call us for an appointment for more detailed explanations.
If you are facing a DUI charge in East Tennessee, the best choice you can make is to get an experienced and focused Knox County DUI attorney can make all the difference in your case and can help ensure a fair sentence or acquittal.
We have more than 10 years of combined experience as Knoxville DUI attorneys. If you have been charged with drunk driving, contact us as soon as possible to protect your license, your rights, your reputation, and your career. We offer free consultations with no obligation. Call now at 865-622-7007.
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East Tennessee DUI / DWI Law Firm. Offering free consultations.
