How do I talk with a prosecutor to show him a trial may not be worth his effort?
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How do I talk with a prosecutor to show him a trial may not be worth his effort?
I was involved in an auto accident where the other driver veered into my car and
hit me on the side and rear. The police cited both of us for careless driving.
How can I show the prosecutor at the plea hearing or a preliminary if he allows
it the factual evidence demonstrating I did nothing to provoke him and was
actually trying to get away from him when he hit me? A written statement by a
independent witness corroborates my story. Is this enough for the prosecutor to
realize it will be difficult for him to prove guilt beyond a reasonable doubt? Do
prosecutors dismiss careless driving tickets when the evidence on their side is
weak?
Asked on April 18, 2019 under Accident Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
On the trial date (also called the "return date") you will have the chance to conference with the prosecutor and discuss your case with him or her. You can and also should bring your witness with you--note that you must have the witness in court, since their written statement is inadmissible hearsay (with a few exceptions, which this does not fall under, out of court statements may not be considered or used in court; only live testimony). If the prosecutor agrees that you were not careless, he or she can dismiss the case.
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