how should a judge proceed (criminal case) when confronted with information that police lied to the a.d.a. at sidebar?

UPDATED: May 23, 2009

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how should a judge proceed (criminal case) when confronted with information that police lied to the a.d.a. at sidebar?

Asked on May 23, 2009 under Criminal Law, Massachusetts


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The answer depends on what the lie was and a number of related things.  You need to have an experienced criminal lawyer consider all the facts, for reliable advice on what to do about this.  One place to look for an attorney is our website,

Lies by the police -- if it can be proved that it was a deliberate lie, not a mistake, usually -- are still considered "prosecutorial misconduct."  In extreme cases, it can lead directly to the charges getting dismissed or reduced, and in other cases it can take evidence out of the prosecution's case.  It isn't unheard of, in this situation, for the judge to go back to his chambers (office) with the prosecutor and defense attorney, and do a little off-the-record arm-twisting to get a plea bargain that the prosecutor might not otherwise have offered.

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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