What constitutes a fair trial?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes a fair trial?
It is to my belief that the prosecuting attorney, previously dealt with on another case and found not guilty, is now conspiring with the current prosecutor handling my current case. They remain within the same division and are known to be very close friends. An obvious grudge is held against the defendant, due to the previous conviction. Should this be legal? Why aren’t there state laws protecting our criminals from such cabal activities? If there is belief to conspire a grudge, may a new prosecuting attorney be obtained?
Asked on March 13, 2011 under Criminal Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
All lawyers, including--even especially--prosecutors, are under ethical and legal obligations which control what they can and cannot due. So, for example, prosecutors have to turn over any exculpatory or mitigating evidence in their possession to the defense; they can't hide unfavorable test results; they can't lie or encourage witnesses to lie; etc. However, as long as they act fair and in accordance with all ethical and legal guidelines, their opinions, attitudes, emotions, etc. are irrelevant. So it doesn't matter if a prosecutor has a "grudge" against a defendant--he or she is allowed to positvely *hate* the defendant in fact--so long as the prosecutor plays by the rules. And conversely: if the prosecutor doesn't obey the ethical and legal rules and hides, destroys, taints, etc. evidence, the it doesn't matter why he or she did that--all that matters is the bad behavior itself, which may give rise to grounds to appeal or overturn a conviction or receive a new trial.
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 AttorneyPages.com 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.