Doing Justice, What Every Prosecutor Should Remember

I recently represented a client who was charged with possessing a stolen car. The issue was, however, the car was not truly stolen. Through a set of circumstances that are too involved (and uninteresting) to describe here, we were able to uncover evidence that showed my client did not do it. This information was given to the prosecutor (to remain nameless) and verified to be accurate. The prosecutor said that he would offer a plea to a violation (disorderly conduct) in light of the new evidence. I asked him why he would require a plea when my client is innocent to which the prosecutor responded "I have to get something."

A prosecutor is supposed to be held to a high standard, to do justice. Having to get a conviction simply because someone was arrested is contrary to the District Attorney's ethical obligations as well as duty to represent the People of the State of New York in a fair and neutral manner. Having been a former prosecutor in Monroe County, I understand that for the most part the Assistant District Attorneys responsible for prosecuting criminal cases want to do what they believe is right, however I also understand that many prosecutors are pressured by office policy and politics that question the use of prosecutorial discretion. I do not believe that the prosecutor that said he had to get something from a case that clearly warranted dismissal reflected the official opinion of the office, but I do believe it was a result of the culture that has been created by not giving ADA's and their bureau chiefs the discretion to "do justice."

My client was ultimately cleared by the Grand Jury (after having the case hanging over his head for almost 6 months). It is unfortunate, however, that the prosecutor would not make the right decision and exercise his authority to use discretion.