How do I talk with a prosecutor to show him a trial may not be worth his effort?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I talk with a prosecutor to show him a trial may not be worth his effort?

I was involved in an auto accident where the other driver veered into my car and
hit me on the side and rear. The police cited both of us for careless driving.
How can I show the prosecutor at the plea hearing or a preliminary if he allows
it the factual evidence demonstrating I did nothing to provoke him and was
actually trying to get away from him when he hit me? A written statement by a
independent witness corroborates my story. Is this enough for the prosecutor to
realize it will be difficult for him to prove guilt beyond a reasonable doubt? Do
prosecutors dismiss careless driving tickets when the evidence on their side is

Asked on April 18, 2019 under Accident Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

On the trial date (also called the "return date") you will have the chance to conference with the prosecutor and discuss your case with him or her. You can and also should bring your witness with you--note that you must have the witness in court, since their written statement is inadmissible hearsay (with a few exceptions, which this does not fall under, out of court statements may not be considered or used in court; only live testimony). If the prosecutor agrees that you were not careless, he or she can dismiss the case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption