Can a D.A. handle a case whereif theyknow they personally know thedefendant?

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Can a D.A. handle a case whereif theyknow they personally know thedefendant?

Asked on January 13, 2012 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, a deputy district attorney can personally handle a case against a particular defendant if the prosecutor knows the accused defendant. The issue then becomes what is the type of knowledge between the prosecutor and the accused?

Meaning, are they friends, acquaintances, or is there some other knowledge between them? In the past I have handled cases against accused defendants that I knew, but I knew them from prior criminal cases.

If the knowledge of the deputy district attorney and the accused are such that they are friends, the deputy district attorney should recuse himself/herself from the case and have another person handle it for the prosecution.


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