Why You Should NEVER Hire a Former Prosecutor as Your Criminal Defense Attorney And Why a True Defense Attorney From Day One Is the Best Choice

 

Choosing a lawyer is one of the most important decisions you’ll ever make when facing criminal charges. Some people think it is a good idea to hire a former prosecutor because they claim to know how the “other side” works. But there are problems with this idea.

A former prosecutor may still think the way the state does, focusing on people’s guilt instead of a defense. Even if the former prosecutor tries to be fair, the worry and questions remain:

• Is the lawyer still close with old colleagues?w
• Will that affect how hard they fight for you?
• Might they see you as “guilty” because they are used to going after defendants?

It can become a big conflict that hurts both you and the justice system as a whole. The best choice you can make is to hire a true criminal defense lawyer who has been dedicated to defending clients against the state their entire career. 

What Does California Law Say About Conflicts of Interest?

California law is strict about keeping criminal defense and prosecution separate. For example:

• Section 6131 of the Business & Professions Code makes it a crime and calls for disbarment if a lawyer who worked as a prosecutor in a case later defends that same case.
• Section 41805 of the Government Code has strict rules for city attorneys who do not have prosecutorial duties but want to defend criminal cases. They need an informed waiver from the defendant to address any possible conflict.

These laws exist because the state knows how important it is to keep attorneys from playing both sides of the field. If the public believes a former prosecutor might use inside knowledge from the district attorney’s office to get “special favors,” everyone loses faith in the system.

Do Former Prosecutors Make Good Defense Attorneys?

Some people argue that a former district attorney or deputy DA has seen the state’s playbook and might know how to fight it. But being a defense attorney is very different from being a prosecutor. The roles and loyalties are not the same. While a prosecutor works to prove someone is guilty, a criminal defense lawyer stands up for the accused and fights for their rights.

Even if a former prosecutor wants to do a great job, their past training and mindset might push them to believe in a defendant’s guilt, not innocence. This can clash with the defense mission to protect your rights, gather evidence for your side, and question every claim made by the prosecution.

California’s Supreme Court has reminded us that lawyers must keep the public’s trust and avoid any action that looks improper (People v. Rhodes, 12 Cal. 3d 180). Hiring a former prosecutor can raise these concerns, even if they truly want to help you.

Former DA vs. Defense Attorney: What’s the Real Difference?

A former DA has spent a lot of time building cases against people. They have possibly sent many defendants to jail. Their everyday goal was to secure convictions. Now, as a defense attorney, they must do the exact opposite: challenge each piece of evidence and fight to protect your freedom.

This sudden switch can feel unnatural. While knowledge of the system is important, the bigger question is: Do they have a true defense mindset? If you feel worried your lawyer is not 100% on your side, that is a problem. In fact, case law suggests that a lawyer’s undivided loyalty is key to strong defense (In re Neely, 6 Cal. 4th 901).

Remember, your defense lawyer should believe in the principle that every person is innocent until proven guilty. A former DA might still believe that the state is usually right, which can affect how hard they push back.

Why Not to Hire a Former Prosecutor

Some lawyers begin their careers with the single goal of defending people. They never worked as prosecutors. This means their entire professional life has been about:

• Listening to clients’ stories
• Challenging police reports and state evidence
• Fighting against unfair charges and punishments

Such lawyers tend to be deeply committed to the idea that their client deserves the best possible defense. They have no split loyalty from past roles. Their training is completely focused on serving people who are accused.

A “lifelong defense attorney” has specialized skills in investigating facts, interviewing witnesses, and building a case for the defense. A good defense attorney will do a thorough job, looking for every possible way to help their client.

Criminal Defense Lawyer vs. Former Prosecutor: Where DCD LAW Stands

At DCD LAW, we proudly state that we have never been prosecutors. We have worked on the defense side from day one. Our founding attorney, Kevin Moghtanei, believes in defending people, not locking them up.

We also believe in three core principles:

• Build a Relationship: Attorney/client trust is key. We want to hear your side of the story and fully understand your worries.
• Build Your Future: We know how scary it can be to face a criminal charge. We focus on getting you back on track after this ordeal.
• Build Your Defense: We put all our energy into challenging the prosecution. We demand high standards of proof and gather strong evidence on your behalf.

These values would not be as strong if we used to work on the other side. By staying on the defense side always, we remain focused on protecting you.

Are You Taking a Risk by Hiring a Former Prosecutor?

When you have been arrested or charged, everything is on the line. Your freedom, your record, your future. Would you want any doubt about whether your lawyer is 100% committed to defending you?

A lawyer’s past can shape how they view the system and your case. If you need the fiercest defense possible, choose someone who has been a defense attorney for their entire career. You want an attorney who wakes up every day ready to challenge the prosecution, not someone who used to be a part of it.

Ready to Secure a True California Criminal Defense Attorney?

If you or a loved one is facing charges, do not gamble with your future by picking the wrong lawyer. Call DCD LAW today to schedule a consultation. We have always been on the defense side, and we are ready to protect you with all our skill and energy.

Let us help you build a relationship, secure your future, and create a defense that stands strong. We are here for you every step of the way. Reach out now and give yourself the best chance at a favorable outcome.