If you’ve been arrested for Florida DUI, then at some point you will come into contact with the prosecutor, who are Florida DUI attorneys responsible for upholding the state’s interests in your specific case. Any time there is suspected criminal activity, it falls to the government to examine the evidence, charge the defendant with the crime and prepare for the eventual trial. Your prosecutor, and the people in his or her office will develop the case as time passes, and present the case against you in court when it comes up for trial. The state’s prosecutor is essentially your adversary and will go up against your attorney in court.
The prosecutor’s job is to prove you were indeed driving under the influence, while your attorney’s job is to prove you were not driving while impaired or that the evidence gathered against you was gained illegally or in ways that violated your rights. Because the state’s prosecutors do nothing other than taking legal action in criminal cases, they are generally quite proficient, plus they have the full benefit of the state’s resources backing them up. They have access to investigators and expert witnesses who will help make their case, and for these reasons, it’s imperative that you have an equally strong, aggressive, and capable criminal defense attorney who is particularly knowledgeable regarding the Florida DUI laws of your state.
How Does the Prosecutor Become Involved in Your Case?
Generally the police officer or officers who pulled you over, arrested you, administered the Florida DUI tests and processed you once you were at the station will refer the case to the prosecutor who will then determine whether or not the case is legally sound and whether it can be successfully supported in court. Should the prosecutor decide there were mistakes made during the arrest, or the evidence was tainted in any way, they may decline to prosecute.
If the prosecutor declines to prosecute, your case is over and you are free to go. Prosecutors must also give weight to policy considerations when deciding whether to prosecute. In other words, should the defendant have any type of psychological or physical issue which would make an alcohol treatment facility a better option than a trial, the prosecutor could make that recommendation. Some jurisdictions are bound by limited resources, so this may also be a factor in the decision to prosecute a specific Florida DUI.
When the Prosecutor Files a Complaint
If the prosecutor in your case determines there is sufficient evidence to move forward he or she will file a complaint or other official court document to start the case. You will have an initial hearing in which you, your attorney and the state’s prosecutor will appear before a judge, and issues like bail will be argued. Unless a plea agreement is reached prior to trial, then a trial date will be set for your case.
How the Prosecutor Will Attempt to Prove Your Florida DUI
If your Florida DUI is charging you drove illegally while under the influence, the prosecutor may have the arresting officer testify regarding your erratic driving or your behavior which proved you were definitely under the influence. The prosecutor could have the arresting officer testify about your field sobriety test results, may introduce the results of your breathalyzer or blood test, or could even introduce into evidence a video of you driving or performing the field sobriety tests. If you were charged with driving with a BAC greater than .08, then the prosecutor can only prove this through your breathalyzer or blood test results. The prosecutor must prove beyond a reasonable doubt that you were, in fact, driving while under the influence. If your attorney is able to convince even one juror that there are some gray areas surrounding your arrest, or some reasonable doubt regarding your impairment, then you could be acquitted.
The prosecutor has a great deal of influence and power over the outcome of your Florida DUI case, and if you are found guilty, the prosecutor will recommend a sentence. To give yourself an equal advantage during your Florida DUI trial, make sure your Florida DUI attorney is knowledgeable, tough and above all, experienced.
