why does the prosecuting attorney want to talk to me about someone rear ending me

by Ms. Bryana Wolf Jr. 6 min read

Why do prosecutors not give the best deal to defense attorneys?

The prosecutor is not on your side, even if they seem friendly, and they would be able to testify as a witness about your admission. You should politely summarize why you think that the prosecutor will not be able to get a conviction based on the evidence, although you do not need to disclose all of your arguments.

Can a prosecutor stop a witness from talking to the defense?

Aug 27, 2014 · Generally speaking, if the victim of a crime does not wish the prosecutor to press charges, the victim should let the prosecutor know. An "Affidavit of Non-Prosecution" may be submitted. It is a sworn statement saying you don't want charges pursued. The prosecutor may still pursue the charge, but they are must more likely to be lenient.

Can a criminal defense attorney talk a prosecutor into dismissing a case?

Sep 21, 2021 · After the defense rests, both sides make their closing arguments. At the Federal Level, the prosecution goes first, then the defense attorney, and then the prosecutor gets a quick rebuttal at the end. In State Court, the defense attorney gives their closing argument first and the prosecutor gets to go last.

What happens if the prosecutor says the wrong thing?

Do Not Sell My Personal Information. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. Generally speaking, a victim cannot press charges nor force an unwilling prosecutor to file charges or seek an indictment from a grand jury. The prosecutor, exercising "prosecutorial discretion," has the final say.

Is rear ending always your fault?

The rear driver in a rear-end collision is not always at fault for the accident. Liability in a rear-end collision is not automatic and sometimes the lead driver or another vehicle is liable for the injured drivers' damages.

What to expect after being rear ended?

Common Injuries After a Rear-End Collision Because you are often stopped, or moving extremely slowly, when being rear-ended, the sudden impact can cause the body to move at an unnatural speed, in ways it normally would not. This can lead to a number of serious injuries to the spinal cord, back, neck, bones, and brain.Sep 15, 2020

What do you do when someone lies about an accident?

Make sure to contact the police so they will file a police report and speak to anyone who witnessed the accident who is willing to provide a statement to back up your version of the facts. The police report may provide strong support for your claim if the other driver was issued a citation.May 11, 2021

Do I have to attend court for car accident?

One of the first questions we get asked as lawyers is “Will I have to go to Court?” The simple answer to that is most car accident claims are successfully settled without having to go to a Trial at court.

What happens to your body when you get hit from behind?

Injuries from rear-end collisions may result in scar tissue formation and permanent loss of normal range of motion. Over time, progressive wear and tear, or post-traumatic osteoarthritis, may also result causing disc degeneration, joint degeneration and bone spurs.Jun 19, 2017

How fast do you have to be hit to get whiplash?

You don't have to be driving fast to suffer whiplash. Some whiplash injuries happen when a car travels at speeds as low as 5 mph. Although whiplash is associated with driving, it can also be caused by sudden stops in roller coasters or other amusement park rides, by sports injuries, or by being punched or shaken.

What happens if you lie to an insurance company about an accident?

At best, you will have to remember your lie the entire time you are dealing with your insurer. They will most likely record calls and other interactions with you to uncover any discrepancies in your claim. At worst, you could face criminal penalties leading to fines and even jail time.

What happens if someone lies on an insurance claim?

You could face criminal penalties. A false insurance claim can lead to jail, substantial fines, and a permanent criminal record. Lying to your insurance company could seem like a good idea at the time, but in reality, it's a form of insurance fraud.Nov 22, 2021

Do car insurance claims go to court?

Most car accident claims are settled out of Court, often because the evidence of fault (liability) is clear or it's not in the other party's interests to dispute a claim.Jun 18, 2020

How often do car accident claims go to court?

When people hear that their personal injury case is “going to court” it can often be a scary thought. But in actual fact only around 5% of personal injury cases end up in court.Jun 7, 2020

How long does a car insurance dispute take?

How long after a car accident can you claim? Insurers will only generally pay out on claims that are made within a certain timeframe, which can be anything from a day to a few weeks. So it's best to report accidents to your insurer within 24 hours, especially if you want your claim settled as soon as possible.Sep 2, 2021

What is the process of a personal injury claim?

On the surface the stages of a personal injury claim seem fairly straightforward, lodge your claim, try to agree a settlement, and go to court if necessary.Oct 5, 2021

Advantages to Be Had

  • The defense can gain significant benefits from trying to interview prosecution witnesses rather than relying on their statements. These include the ability to: 1. gauge witnesses' demeanor and credibility 2. ferret out details of witnesses' stories and strategize as to how to handle their testimony at trial 3. impeach witnesses who say something on the stand that's inconsistent wit
See more on nolo.com

Reinventing The Wheel?

  • Some defendants might wonder whether it's worth it to interview a witness who has already given a statement that the prosecution has disclosed. But prosecutors and police officers sometimes omit or misstate information (either intentionally or not). Further, when law enforcement and prosecutors speak to witnesses, they aren't likely to ask all the questions the answers to which t…
See more on nolo.com

Waste of time?

  • It's perfectly legal for defense attorneys and their investigators to interview prosecution witnesses in most instances. (Among the instances in which it's not are those involving harassment or threats.) And even though prosecutors might not want their witnesses—including police officers and victims—to talk to the defense, they typically can't stop them (though they may "inform" the…
See more on nolo.com

Forcing The Issue

  • The defense has limited options for trying to interview uncooperative prosecution witnesses before trial. The defense lawyer might hire a private investigator who specializes in finding and interviewing reluctant witnesses. (A defense attorney might be capable of persuading a hesitant witness to talk, but will typically prefer to have someone else try, or at least be present during th…
See more on nolo.com

Get A Lawyer

  • If you're facing criminal charges, consult an experienced criminal defense lawyer. Only such a lawyer can protect your rights and effectively investigate your case. An attorney will also be able to tell you what you should—and shouldn't—do to help. For example, your lawyer may ask you to provide all the information you can possibly think of regarding witnesses, locations, events, and …
See more on nolo.com