Negotiating with the Prosecutor
Too many criminal defense lawyers are of the opinion that after the person is arrested, the only thing to do is to file a bail motion. If the person is already out of jail, all they are doing is waiting for the indictment. This is crazy. Staying in touch with the prosecutor is very important. It is possible to resolve the case before indictment and often times, this may be much better than a post-indictment resolution. With the case being informal, it is possible for the State to reduce or just dismiss the charges against the defendant. We have done this many times and while we don’t make much money on such a quick case, the results are priceless. While our anecdotal evidence speaks for itself, prosecutors have told us that we are getting a good offer because we were on top of the case so early.
Even if the case cannot be resolved, a discussion with the prosecutor can help the defense attorney size up the case and size up the prosecutor. Having as much time to prepare for a case is vital and waiting until indictment is not helpful if it can be avoided. That is the lazy way out and unfortunately, too many lawyer take that route.