Prosecutors

Contrary to popular belief, judges are not the most powerful person in the criminal justice system. It's prosecutors.  They have close to unfettered discretion who to charge and who not to charge with crimes. They exert a great amount of influence over who will be required to sit in jail with large bail number or who can be released while their case is pending. And they retain control over the plea bargaining process and can decide to reject any plea offer they want. 

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Incentives

I do not mean to paint too grim a picture. There are good prosecutor and there are bad prosecutors. But the incentives in place encourage prosecutors to seek high conviction rates and long prison sentences. The extenuating circumstances of your case and your good character matter little against incentives for raw statistics. 

 

Resources

There is also a great disparity in resources. Unless you are exceedingly rich, the prosecutor has more resources than you. For example, the Hennepin County Attorney’s Office has a staff of 460 people and a budget of $65 million. What is your budget? I’m guessing not $65 million. Even if the agency charging you is much smaller than Hennepin County, you are still going against a prosecutor's office that is staffed and funded to put people in prison. As an individual against the government, you are an underdog. 

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Conclusion

Each case is different and requires a close analysis of the facts. Call Subzero Criminal Defense today. 651-248-5142.