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Why would a prosecutor withdraw from a case?

June 07

Q: Why would a prosecutor withdraw from a case?

Being told prosecutor has withdrawn from the case because defendant is being too un-reasonable. That no deal could be made so he is withdrawing and so did the judge. Tell me wouldn’t the prosecutor just take the stance, well if we can’t come to a deal, Trial it will be, let the chips fall. So can anyone give me some idea’s please. Thanks for your time in this matter I really do appreciate it.

A: Chances are that the prosecutor has some conflict or schedule hiccup. I really doubt that the judge would allow an attorney to withdraw because of an unreasonable defendant. If you have an attorney, have your counsel ask the judge for the reason why the prosecutor has been changed.

I do agree with you that a prosecutor would probably take the stance of: if we can’t arrive at a deal then we will try the case. Find out more details as I suspect that there is more going on here. I would suspect it is a scheduling conflict with the prosecutor’s office.

I would recommend having experienced counsel on your side to better fight your charges. Your freedom is too important.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Answered by Morgan McCain, Mesa Bankruptcy Attorney.
Re-Posted from AVVO Legal Questions and Answers.

 

Posted by on June 7, 2012 in Arizona

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