Saturday, April 18, 2009

The Role of a Chicago DUI Prosecutor, like all American prosecutors is easy

Many think the job of the Chicago DUI prosecutor is hard.  They mistakenly believe the job is to get Chicago DUI defendants to plea guilty or be found guilty.  After that happens it is time to "nail it" to the defendant in terms of the punishment for the crime. 18 random urine drops for a card-carrying member of AARP with no past drug use, what on earth is the purpose of that?

As John Farmer recently wrote:


The powers to accuse, to arrest, and to prosecute are the most fearsome conferred by our society.  The abuse of those powers, historically, has been the very definition of tyranny.
No, the one role the prosecutor has is to "seek justice".  What does that mean? It means, when the charges are weak, the evidence is bad, or worse looks like a cover-up, the charges should be dismissed.  Luckily, in Chicago there are many brave prosecutors.  I have watched them advocate that justice be done.  Yes, that is their job but sometimes, as a defense attorney, I just don't see it happen that frequently. When it does happen, it has made me proud to be a defense attorney.  It makes me confident in telling my clients that our justice system works, even if it is not flawless.  It allows me to tell them that just because mistakes were made in the past, with disgraced Chicago Top DUI cops, it does not mean that they cannot get a fair shake in our justice system.

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