Everyone Has Their Own Job

Many of my callers ask if the Judge can dismiss the charges against them. Well the short answer is no.
In Court, everyone has a job. The Defense Attorney is obviously there to defend the accused. The Prosecutor is there to represent the People and prosecute the case. And the Judge is there to make judgments regarding the law, make ruling about the law, and in some cases, make factual decisions after hearing the evidence.

So let’s say you were charged with a crime. The Judge cannot throw out the case unless the Prosecutor is unable to show by probable cause that you committed a crime or even that a crime was committed. While the Judge can make life miserable for the Prosecutor, remember they work together each day, the Judge is not going to overstep his boundaries and enforce his will, unless by law he is allowed to do it or justice compels it.

Another example is diversion programs. While the Defense might ask for Domestic Violence Diversion or, in certain cases, HYTA, unless the Prosecutor and often times the complainant agree to the diversion, the Judges hands are tied.

Even the police when investigating will say, tell me what I want to know and I will get the Prosecutor to go easy on you. Well, the Police are investigative and after investigating criminal behavior will send their report to the Prosecutor. While an officer or detective might make a suggestion about your case, it is still up to the Prosecutor if he or she wants to proceed or go easy on you.

A good Defense Attorney understands who does what. Often the Defense Attorney will advise you based on his knowledge of the players and what they will likely do. That is why having an experienced Defense Lawyer is so important. They know what to expect and can give you the information you need to make an informed decision.