The Respectful Nature of Adversarial Proceedings
Defendants in Las Vegas criminal cases sometimes find it unsettling to see their attorney chatting amicably with the prosecutor. There is a common perception that in adversarial proceedings the objective is to do battle, and that the best way to fight is to be nasty and aggressive. As a younger attorney, I often walked into court with a chip on my shoulder. I soon came to realize, however, that the relationships I built with prosecutors and judges would serve my clients much better if I focused on building credibility and respect.
Most Las Vegas criminal cases resolve without trial. Case negotiations are predicated on a variety of factors. Most significant is the relative strength of the evidence. But in all cases, prosecutors have a range of discretion. The defense objective is to encourage the prosecutor to lean towards the lower end of their discretion, like offering a reckless driving instead of a DUI. Building relationships based on mutual respect best ensures good offers and results.
Some cases cannot be negotiated and trials are inevitable; that’s the time to take off the gloves. Experienced attorneys understand that worthy adversaries will fight aggressively for their cause. But when court is in recess, the prosecutor and defense attorney may share a casual conversation in the hall.
Here’s the bottom line: An effective Las Vegas criminal defense attorney must nurture healthy relationships with prosecutors and judges, who most respect the attorneys who know which cases should be resolved and which ones should go to trial. And an attorney known to be a fierce litigator will almost always get the best results, whether through favorable negotiations or verdicts.
