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     When I first started practicing law, I worked with an established criminal defense attorney in Little Rock. We handled all kinds of cases, from speeding tickets to capital murders, and these cases took us out of Pulaski County and into every corner of Arkansas. It was a great time of learning for me, but many times I felt like a fish out of water.
     As the years passed, some basic ideas formed in my mind that I still find helpful. Most of what is contained in this article is common sense, and therefore obvious, but it bears repeating. In that light, I have come up with three easy steps to working with the prosecuting attorney's office.

I. Know your Case
     The worst thing any defense attorney can do is to not know the facts of their case. The second worst thing is to only know your client's version of events.
     The biggest advantage that a defense attorney has is knowledge of ALL the facts. While it is difficult for some prosecutors to believe, occasionally the State's witnesses do not tell the police the entire story, and sometimes they even lie. The defense attorney is always in a better position to know how to play the hand she is dealt simply because she has access to the State's case file as well as her client's information. This information is gold to a good defense attorney and could be used as a basis to tailor cross-examinations. The best defenses are those that fit the prosecutor's case in one sense but also show that the State's witnesses are mistaken or even lying.
     The next advantage that flows from knowing your case is basic mathematics. As a defense lawyer, you will not have as many cases as the prosecutor you will be facing.
     Therefore, the defense attorney is in a superior position to try their cases because they have more time to prepare.

II. Know your Prosecutor
     In order to effectively represent your client in a criminal case, it is extremely helpful to know the person on the other side. This is quite easy if the deputy prosecutor is only one of three or four practicing in your district.
     The problem occurs when you travel out of your home district or if the prosecutor's office is large and constantly changing. In these instances, it helps to follow some basic rules of thumb. First, call the public defenders that deal with that prosecutor every day. Public defenders, in most cases, have already figured out how to deal with the prosecutor, and they can give you advice regarding tactics that have worked in the past.
     If you do not feel comfortable talking to the public defender, other great sources of knowledge are former prosecutors who are now in private practice. Many attorneys start out as prosecutors, and after a few years of trying jury trials, they decide that they cannot raise a family on the pittance that the state of Arkansas pays. Most prosecutors' offices are close-knit groups who know their co-workers. It helps to get a view from one who has seen it up close and personal.
     If asking for advice from another attorney is not what you want to do, there is always observation. While it is no secret that an attorney cannot get rich in the courtroom, staying after your case is called or showing up on days when you do not have a case in that court will enable you to see for yourself how that prosecutor operates on a day to day basis.

III. Know your Judge
     Once again, this is much easier if you have many cases in front of a particular judge, but if not, you may need to resort to some of techniques listed for how to get to know the prosecutor. It is important to remember that judges are in fact humans. They have likes and dislikes that may influence them on occasion. If you have a judge that is an avid pet lover, you would want to know that before you decided to waive a jury on a cruelty to animal's case.
     If you know what arguments work for a judge, you might get those borderline rulings that will only be overturned for abuse of discretion. Sometimes that may be all you need to make the difference between guilty and not guilty.
     In conclusion, it all can be summed up in one word: knowledge. What your mothers stressed to you growing up is still true today. The more you know, the better off you will be.

Hugh Finkelstein is a Division Chief in the Prosecuting Attorney's Office in Little Rock and a past Chairman of the Association's Criminal Law Section. He practiced criminal defense for four years after graduating from law school, and is currently responsible for cases in the Drug Unit and 6th Division Circuit Court.