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If there is a factual basis for careless, bargain it the same as any other charge, says the guideline. If you do not feel the facts support careless, ignore it when making an offer, but do not dismiss it until D(defendant) pleads or the trial date. websitesDavid Miller, a former prosecutor in Denver and now a defense attorney, reviewed the document and told CBS4, It is unethical to proceed with a charge when you know that there are no facts to support it. It basically says if you dont plead guilty I wont dismiss something I know I cant prove just to punish you. This is a clear abuse of discretion and a violation of the prosecutors code of ethics. Miller went on to say, Its more like dealing from the bottom of the deck. Its cheating and not an honest, level playing field. That ethical code for Colorado prosecutors says the prosecutor in a criminal case shall refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause. Harvey Steinberg, a Denver defense attorney, said the internal document obtained by CBS4 clearly suggests that prosecutors act improperly. It is fundamentally unfair for the government to keep a charge hanging over your head when they know they cant prove it. If they know they cant prove it beyond a reasonable doubt they are both constitutionally and ethically obligated to dismiss it.When the city knows they cant prove the charge they have a duty to tell the defendant that. It forces pleas. Thats what its all about, said Steinberg. interview skills part 1If they keep it hanging over your head youre going to say I cant afford to keep missing work for this.
For the original version including any supplementary images or video, visit http://denver.cbslocal.com/2016/10/16/denver-city-attorney-guideline-hit-as-abusive-unethical/
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