What Judges and Prosecutors Look For—From a Defense Perspective
By Sullivan Rice
If you’ve been charged with a crime in Minnesota, you might feel like you’re stepping into a courtroom blind. You know the stakes are high, but what exactly are judges and prosecutors looking for? What factors really influence decisions about bail, plea deals, sentencing—or even whether your case goes to trial?
At Jack Rice Defense, we bring a unique advantage to the table: our founding attorney, Jack Rice, is a former prosecutor. That means we understand not only the law, but also how judges think and how prosecutors build cases. Here’s what they’re looking for—and how we use that insight to fight for you.
1. Credibility and Consistency
Judges and prosecutors are constantly asking themselves one question:
Can I believe this person?
They look for consistency—in your words, actions, and story. Contradictions, dramatic changes in testimony, or unreliable explanations can seriously weaken your case. Prosecutors will seize on these inconsistencies to question your honesty and character.
Our defense strategy:
We work with you from day one to shape a clear, truthful, and consistent narrative. If your story holds up under scrutiny, you’re already ahead.
2. Criminal History and Background
Your record matters. A first-time offender might be offered a diversion program or probation, while someone with multiple prior convictions may face tougher penalties.
Judges and prosecutors also look at:
Employment history
Community involvement
Education
Family responsibilities
Mental health or addiction struggles
Our defense strategy:
We humanize our clients. Through thoughtful presentation of your background, we show that you're more than just a case number—you’re a person with a story, a future, and a reason for a second chance.
3. Level of Cooperation
How you handle yourself during the investigation and court process can have a big impact. Cooperation with law enforcement, meeting court deadlines, and complying with release conditions all demonstrate respect for the legal system.
But caution is key:
Cooperation doesn’t mean talking to police without a lawyer. It means showing you're taking your charges seriously and working through proper legal channels.
Our defense strategy:
We coach our clients on how to navigate the process professionally, helping build a favorable image in the eyes of the court without risking their rights.
4. Strength of the Evidence
This one seems obvious—but you’d be surprised how often weak or circumstantial evidence leads to major charges. Prosecutors know they need a strong case to win at trial. If the evidence is lacking, they may be open to reducing or dismissing charges.
Our defense strategy:
We dig into the evidence like a prosecutor would—looking for flaws, inconsistencies, missing pieces, and constitutional violations. If the state’s case is shaky, we make sure the court knows it.
5. Victim Impact and Community Safety
In cases involving violence, theft, or sex crimes, judges and prosecutors often weigh how the alleged victim and the broader community were affected. Public safety becomes a key consideration.
Our defense strategy:
When possible, we show efforts at restitution, rehabilitation, or counseling. We also bring in expert witnesses or community voices who can speak to your character and your commitment to making things right.
6. Attitude and Accountability
Even when fighting charges, the way you present yourself can matter. Showing maturity, accountability, and a willingness to grow can go a long way with a judge. Arrogance, disrespect, or denial can do the opposite.
Our defense strategy:
We help our clients prepare and present themselves with dignity and respect—in court, in interviews, and even online. That impression matters more than you think.
Know the Players, Play the Game—With the Right Team
Understanding how judges and prosecutors think is a huge advantage—and it’s one we bring to every case at Jack Rice Defense. As a former prosecutor and award-winning criminal defense attorney, Jack Rice uses his insight to anticipate the other side’s moves and build the strongest possible strategy.
Contact us today at 651-447-7650 or 612-227-1339
When the stakes are high, you need more than a good defense. You need a defense that sees the courtroom from all sides. Let Jack Rice Defense give you the edge you need to protect your rights—and your future.
