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

UPDATED: Jan 13, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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