Police officers, much like teachers and parents, are not your friends. Their job isn’t to make you feel good; it’s to protect the public. Sometimes those two things – making you feel better and keeping you safe – work in tandem, and sometimes they don’t. Them’s the breaks.

The same is true of the D.A. His or her job is also to protect the public. They do it by presenting a case on behalf of the State to hold people accountable for the crimes they commit.

Sometimes, law enforcement does its job well at every stage; sometimes it doesn’t. That’s neither here nor there for the purpose of this post, but it’s an important concept when it comes to upholding the law – which, incidentally, is my job, too.

Wait – a criminal defense lawyer on the side of the cops?

Seems weird, right? But I’m not siding with or against law enforcement. We’re like two sides of the same coin: we both want the laws to be upheld, even though we represent different parties.

The job of a criminal defense lawyer can be a delicate one. On the one hand, it helps if the police officer tells the truth and believes that justice is more important than helping the district attorney obtain a conviction. On the other hand, the defense lawyer has a legal duty to challenge the testimony of the police officer if it’s not in the best interest of the client.

I thought defense lawyers hated cops and prosecutors

That’s only on TV. Truth is, a lot of defense lawyers are former prosecutors, so we all kinda hang in the same circles. Sometimes, this camaraderie can make things a little easier for everyone, because no one’s holding a grudge, you know?

This is the thing to remember: your defense lawyer? He or she’s gotta work with law enforcement every day. These people are our colleagues. You know that one guy form work who’s always hogging the printer? Or the person who cuts out, like, a quarter of the bagel or donut and leaves the other three-quarters like some kind of lunatic? You know how that person drives you nuts?

Now imagine that YOU’RE the bagel cutter, and the prosecutor – the one who has the power to send your client to prison for a very long time – is you, simmering with resentment every time you walk in a room.

Playing nice outside the courtroom lets you play harder inside the courtroom, and gives my clients a better shot at a fair outcome. But when law enforcement or the State drops the ball? Well – that’s a horse of a different color.

Police interactions change based on need

How friendly or how forceful the criminal defense lawyer depends on a variety of factors, such as:

  • The stage of the case. Criminal defendants should understand they have the right to hire legal counsel from the moment they are arrested. Often the job of a criminal defense lawyer before the preliminary hearing is to avoid interactions with the police or to make the interaction, such as a lineup, as fair as possible. Police officers are often more likely to be friendly at a preliminary hearing than at a trial, btw.
  • The charges involved. For speeding tickets and minor misdemeanors, a police officer might consider reducing charges. The more serious the charge, the more likely the police officer will leave any decisions about the case to the district attorney.
  • How well the defense lawyer knows the police officer. As in any arena, it’s easier to talk and negotiate with people you know than with people you don’t know.

Prosecutor interactions can vary, too

Many of these balance issues apply, although somewhat differently, when the criminal defense lawyer speaks with the prosecutors and the district attorneys.

At a preliminary hearing, the defendant normally doesn’t take the witness stand. Police officers and district attorneys may be more open to a friendly discussion when they know the defendant isn’t going to be speaking. Often, before or after a preliminary hearing, the district attorney is willing to speak with the criminal defense lawyer. The same openness may be available at a suppression hearing because juries aren’t involved.

Even at trial, there are often times the criminal defense lawyer can approach the district attorney with better options for the client. Prosecutors have to choose which cases to prioritize, too. Sometimes, the witnesses in the case aren’t available. The police officer may be called away to investigate a crime. Defense lawyers can often use these openings to negotiate on behalf of their client.

Read More

At Drew Cochran, Attorney at Law, our Annapolis and Ellicott City criminal defense lawyers understand that experience matters. Sometimes, the best results are obtained by working with the police and with district attorneys – when it’s in a defendant’s best interests. Other times, the best strategy is to be as aggressive as possible. Criminal defense requires an understanding of the law, of the facts, and of people. Call us at 410-271-1892, or use our contact form to schedule an appointment.

And remember: Keep Calm – and Call Drew.