What Factors Do Prosecutors Consider Before Deciding to Reduce a Charge Before Trial

I have practiced law for 30 years, all as a defense lawyer. I am the only DWI Board Certified lawyer (by the NCDD, recognized by the American Bar Association, the only DWI board certification program which is) in north Texas. I am well versed on what factors a prosecutor considers before changing a DWI. It is my experience they are motivated by factors such as who is the arresting officer? Are they competent? The past criminal history of my client is huge (in some counties a past DWI will mandate a trial, despite the facts for the most part). These prosecutors research a defense lawyer's tactics, and those of the defense expert. I have a fresh new approach for every trial based on the faccts, themes and tenets of what I am proving. Every prosecutor handles their cases according to the elected prosecutor's policies (some give full discretion, and some not, most have supervisors in place who are required to sign off on the final call). At the end of the day, all prosecutors know I try cases. I am not afraid. I love to fight for my clients and justice. It is important for me to add, each case is different and different factors are at play. The presiding judge can even be a factor for some prosecutors (for me as well in terms of costs, some are much more difficult to accomplish fair trials with in my opinion). I find experience, much like with medicine, experience is the most valuable factor in the whole equation as for good results.

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