Why can't I just talk to the prosecutor myself? Do I really need an attorney?

Interviewer: If someone doesn’t have an attorney, or they possibly talk to a prosecutor themselves, do they have a higher likelihood of making the case worse, or further incriminating themselves?

Ladan Law: Prosecutors will not talk to someone that is unrepresented unless it is an open court. That is for their protection as well as yours. The worse thing for a prosecutor would be to be accused of coercing or threatening somebody entering a plea, or doing something unethical behind closed doors with an unrepresented defendant.

In order to protect against allegations like that, they simply will not talk to you unless it is an open court on the record. With the case loads that the judges have, there is no way that somebody who’s unrepresented, is going to get access to a prosecutor in open court to have any meaningful discussion. It’s really vital to have somebody that does have access to the prosecutors to represent you.

Your attorney has three duties: Number one, analyze your case. Number two, put your best foot forward with the prosecutor and get your version and your background out there. Number three, be your advocate and your mouthpiece.

Author: Amir Ladan
A former assistant state attorney for Orange/Osceola Counties, Amir has handled thousands of cases and dozens of trials, ranging from DUI and traffic offenses to murder, in both adult and juvenile court.

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