When you run afoul with the law, you must prepare for the battle you are up against because the police and the prosecutor can make decisions that could be prejudicial to the alleged case outcome.
While a prosecutor must adhere to the law and a strict code of professional ethics when seeking justice for the alleged case, he/she can go beyond his/her legal rights. For instance, he/she applies his/her personal opinions on your alleged case, which is unlawful. When this occurs during the prosecution of the alleged case, it is known as prosecutorial misconduct.
Without proper and aggressive legal representation, you could end up with a conviction, even if you are factually innocent of the alleged charge. The chances of prosecutorial misconduct are the reason why you should not hesitate to retain the services of a defense attorney upon an arrest for any alleged offense.
An aggressive and experienced attorney can keep the prosecutor accountable for their actions throughout the prosecution process for the best possible outcome on the alleged case. Read this article to learn more about prosecutorial misconduct and how to protect your best interests upon an arrest.
The Prosecutor's Duty in the Legal Justice System
If you are under arrest for any alleged criminal charge, the chances are you will have an encounter with the prosecutor, even if your case is non-severe. Typically, a prosecutor is an attorney who works for the government or the state to represent the public's best interests in all criminal proceedings filed in criminal courts.
In simple terms, if a courthouse is a boxing match, the prosecutor will be the opponent or the "boxer" you will be battling. After an arrest, the prosecutor will evaluate and investigate your unique case to determine whether or not to file a charge against you. If there is sufficient evidence to believe that you are a culprit in the alleged criminal offense, he/she will file a charge against you.
Once the prosecutor files a charge against you, you should prepare yourself to counter the alleged charge in every stage of the prosecution process for a less severe charge or dismissal of the case. During the prosecution process, the prosecutor's primary role is to convince the jury or the judge that the allegations you are up against are true beyond a reasonable doubt for a conviction.
If the prosecutor fails to comply with the required legal and code of professional ethics during any stage of the prosecution process, his/her actions could count as prosecutorial misconduct. That is why it is critical to have an attorney on your side to detect acts of prosecutorial misconduct during the prosecution process and defend your rights accordingly.
What You Need to Know About Prosecutorial Misconduct
Typically, "prosecutorial misconduct" is a legal term that refers to the prosecutor's unethical and unlawful conduct or behavior in a criminal case. Because of their legal power in criminal cases, a prosecutor must abide by strict legal and professional ethical standards in every stage of the criminal justice system, including:
The Arraignment Proceeding
Once the prosecutor files the alleged case against you, the arraignment proceeding or hearing will be your first court date. During this proceeding, the court will:
- Inform you of the alleged charges
- Inform you of your constitutional rights, including the right to have an attorney represent you on the alleged case
- Inform of your plea options
- Review whether or not you are eligible for a release on bail before your alleged case's judgment
The Pretrial Proceeding
Generally, the court will schedule a pretrial proceeding before your case's trial. At this proceeding, the judge will evaluate and listen to the prosecutor's arguments to determine whether he/she has concrete evidence to support the alleged charge against you at trial.
If you believe that you are a victim of police misconduct or entrapment, you should use this opportunity to convince the court to reduce or dismiss the alleged charges. Without proper legal representation, the prosecutor can use evidence obtained through illegal search and seizure to convince the court to hold a trial hearing for your case.
The Trial Proceeding
If your attorney cannot resolve your case at the pretrial hearing, the court will schedule a trial date. At the trial proceeding, you can choose to have a team of twelve jurors or a judge make the final judgment of the alleged charges.
To convince these jurors beyond a reasonable doubt that the allegations you are up against are true, the prosecutor can present various evidence to back up his/her arguments, including:
- Pictures or recorded videotapes
- Eyewitness(s) testimony
- Recorded audio
- Circumstantial evidence like fingerprints, and forensic evidence
During this hearing, your attorney should be attentive to detect when the prosecutor introduces false evidence against you, which is a common act of prosecutorial misconduct. Having an attorney on your side during this hearing is the key to achieving the best possible outcome on your alleged charge.
Common Acts or Forms of Prosecutorial Misconduct that You Ought to Know
Typically, prosecutorial misconduct can occur in various ways in any of the above court procedures. Below are some of the common acts or forms of prosecutorial misconduct that you ought to know:
Failing to Disclose to Reveal "Brady Material" or Exculpatory Evidence
Because of the prosecutors' great deal of power, they are legally responsible for giving you the defendant the evidence listed below:
- Evidence suggesting that you are not guilty of the alleged offense
- Evidence suggesting that you deserve less punishment upon conviction of the alleged offense
Failing to reveal "brady material" is a common act of prosecutorial misconduct that could influence your case outcome. This conduct often violates professional rules and standards that prohibit attorneys from failing to abide by discovery, disobeying obligations, and obstructing access to evidence.
If your attorney has reason to believe that the prosecutor has exculpatory material in his/her evidence against you, he/she can file a Brady motion. Typically, your attorney can file a Brady motion at any court proceeding because a prosecutor has a legal responsibility to turn over exculpatory evidence whenever he/she finds it for the best possible outcome on the alleged case.
Introducing False Evidence
Another act that would count as prosecutorial misconduct in the eyes of the law is the introduction of false evidence during your case's trial. Introducing false evidence is a serious breach of legal and professional ethical standards that prosecutors must follow. Apart from physical evidence, the court would also consider the following as false evidence:
- False testimonies
- Hearsay statements
- Unfounded or untrue character evidence
Improper Arguments
Typically, there are several arguments that a prosecutor cannot make or assert during your case's trial. For instance, the prosecutor presiding over your case cannot:
- Express personal opinions or views about matters or evidence in the alleged charge
- Apply or argue about facts that are not in his/her evidence
- Give inflammatory comments
- Comments or criticize your decision not to testify on the alleged charge
- Engage in any other similar or related prohibited conduct
If the prosecutor engages in any of the above acts, the court would consider that as prosecutorial misconduct. It is worth noting that these acts of prosecutorial misconduct can happen in either the prosecutor's closing or opening arguments.
Discrimination in Jury Selection
During jury selection, the prosecutor with the jurisdiction over your case cannot discriminate against a potential juror based on his/her:
- Ethnicity
- Race
- Religion
- Any other related trait
Discrimination in jury selection is not only misconduct, but this unlawful behavior also violates:
- Your constitutional rights to a fair trial
- The prospective juror's constitutional rights under the Equal Protection Clause
Improper Use of the Media
Improper use of the media is another common form of prosecutorial misconduct which could affect the alleged case's outcome. Typically, making statements to the media can attract public opinion on the alleged charge, which can significantly affect your case outcome.
Other than the basic details of your case, any other public communication about your alleged charge is unlawful, and the court would consider that as prosecutorial misconduct.
Improper Communications With A Juror or a Judge
Generally, it is unlawful for any attorney, including the prosecutor, to attempt to influence the judge or jurors using improper inducements during the prosecution process, especially at the trial stage. Improper interactions with a juror or a judge is another act of prosecutorial misconduct that could influence your right to a fair trial.
Interference With Your Right to Legal Representation
Although they hold a great deal of power, sometimes prosecutors are not neutral. Typically, it is unlawful for a prosecutor to:
- Interfere with your legal right to seek the services of an attorney
- Take advantage of your situation if you do not have an attorney on your side
The above acts would adversely affect your right to a fair trial, and the prosecutor should be accountable for this unlawful behavior. When a police officer violates your rights, the evidence they will obtain from you will be inadmissible in court. However, this is not the case when the prosecutor violates your constitutional rights.
Without proper legal representation, a prosecutor's misconduct will negatively impact your case's outcome. Because a prosecutor holds a great deal of power in your case, you should take ample time to find an experienced and reliable criminal defense attorney if you do not want to be another victim of a wrongful conviction due to misconduct by the prosecutor.
Why Do Prosecutors Engage in the Above Forms of Prosecutorial Misconduct?
Reasons that could trigger a prosecutor to engage in the above acts of prosecutorial misconduct are not universal, meaning they will depend on your unique case's facts. In particular cases, the disregarding of legal rules and ethical standards that he/she should abide by could be politically motivated or motivated by the desire to secure justice for the victim of the alleged offense.
Regardless of the reason, it is unlawful to take a defendant's rights away at any stage of the criminal justice system. To stay on the safe side of the law during the prosecution process after an arrest for any alleged offense, you should speak with a skilled and credible defense attorney for legal defense henceforth.
A skilled attorney will represent your best interest in every stage of the criminal justice system to ensure the prosecutor with the jurisdiction over your case is accountable for his/her actions or misconduct.
Prosecutorial Misconduct Penalties
When prosecutorial misconduct happens, you could end up with a wrongful conviction for a crime you did not commit. Despite the detrimental outcome you could be subject to when a prosecutor violates your constitutional rights, the court will rule prosecutorial misconduct as a "harmless error."
That means, even when an act of prosecutorial misconduct occurs during your case's prosecution process, the prosecutor is less likely to face real harsh punishment, like imprisonment. When the prosecutor violates legal standards that he/she should abide by during criminal cases, your attorney can petition the court to dismiss the case.
However, if that particular act of prosecutorial misconduct violates professional standards that a prosecutor should abide by, he/she could be subject to a bar complaint process.
Your Remedies if an Act of Prosecutorial Misconduct Was Prejudicial to Your Case
Generally, you have an entitlement to any of the following remedies when the prosecutor disregards your constitutional right to a fair trial for any alleged charge:
- Dismissal of the alleged charges
- The judge could admonish the jury to disregard or put aside particular comments or evidence
- The judge could grant you a new trial for the alleged charges
To show the court that you deserve a dismissal or a new trial for the alleged charges, your attorney must prove beyond a reasonable doubt that:
- The prosecutor willfully and knowingly engaged in an act that qualifies as prosecutorial misconduct
- The misconduct has led to adverse or prejudicial effects on your case's outcome
- Your attorney objected to the misconduct at trial
If the prosecutor's misconduct were not prejudicial to your case's outcome, the court would not grant any remedy on your case. It is also worth noting that the court will not consider the prosecutor's behavior as misconduct if:
- The evidence the prosecutor has against you is overwhelming
- Your case's outcome would remain the same even without that particular misconduct by the prosecutor
To stand a chance of winning a new trial in a case involving any act of prosecutorial misconduct, it is wise that you retain the services of an experienced defense attorney to fight for your best interests. Penal Code 1181 is the statute that allows a judge to grant a new trial if there was a finding of misconduct in your case.
A reliable and experienced attorney will know how to apply this law to your favor for the best possible outcome on the alleged charge.
How to Find a Reliable Attorney to Help You Make a Prosecutor Answerable for His/her Actions
For the best legal representation on your unique case, you should take your time to find a dependable attorney. Ensure the attorney you will choose to hire is:
- Licensed – Ensure you check whether or not your prospective attorney is licensed before you sign any papers with him/her. An attorney must obtain a license to offer legal services lawfully, which is a mandatory legal requirement. If your prospective attorney is unlicensed, it is probably because he/she is not qualified
- Experienced – An attorney's experience goes a long way if you are in trouble with the law for any alleged offense. An experienced attorney will know specific laws that apply to your unique case and how to convince the court to dismiss or reduce the alleged charges
- Accessible and available – Look for an attorney with a physical office or offices within your area of residence for maximum time with them to prepare defenses to counter the alleged charges
- Reputable – An attorney's reputation can speak volumes about his/her quality of services. Look for an attorney with a record of winning similar related criminal cases. To know whether or not your prospective attorney is reputable, you can check his/her past clients' comments and complaints on his/her website. A client who was happy with the attorney's services is more likely to leave a positive comment on his/her website
Find a Criminal Defense Attorney Near Me
If you do not want to be another victim of a wrongful conviction due to a prosecutor's misconduct, you should speak with an attorney if you are under arrest for an alleged offense. Undoubtedly, prosecutorial misconduct could mean a difference between the alleged charge resulting in a conviction or dismissal.
If you are under arrest or investigation for any alleged offense, it is wise to prepare for the battle you are up against, regardless of the severity of the case. San Jose attorneys at California Criminal Lawyer Group are here to protect your best interest if you are in trouble with the law for any alleged offense.
We have extensive experience and knowledge of the ins and outs of the court system, and we will not stop until we achieve the best attainable outcome on the alleged charge. We invite you to call us at 408-622-0204 to schedule your first consultation with our understanding attorneys if you are under investigation or arrest as a suspect of any alleged offense.
