Criminal prosecutors are known for being aggressive and unrelenting in their objective to put defendants behind bars, no matter the cost. But when prosecutors cross the line, they can interfere with the defendant’s right to a fair trial. This is called prosecutorial misconduct – here’s what to know about it and how a Massachusetts criminal defense attorney can help.
The Definition Of Prosecutorial Misconduct
Prosecutorial misconduct occurs when a prosecuting attorney willingly or negligently breaks a law or violates the professional code of conduct for Massachusetts lawyers during the course of investigating and prosecuting a case.
Types Of Misconduct By Prosecutors
There are a few different types of misconduct by prosecutors, such as:
- ailure to disclose evidence. Prosecutors must disclose all of the evidence they obtain against the defendant to their legal defense team, specifically exculpatory evidence that could potentially exonerate them. If they refuse or neglect to do so, this can be considered misconduct.
- Introduction of false evidence. Prosecutors may not introduce false or fabricated evidence, whether or not it is meant to condemn or excuse the defendant.
- Making improper arguments. Improper arguments are opening or closing arguments made by a prosecutor that violates Constitutional, state, and/or federal law.
- Jury selection discrimination. Prosecutors may not exclude jurors based on race per a Supreme Court ruling in 1986.
If a prosecutor is found to have engaged in any kind of misconduct while handling a criminal case, they could face serious penalties, including being disbarred. But even more importantly, defendants whose cases were subject to misconduct may be eligible for dismissal.
What To Do If Your Case Was Impacted By Prosecutorial Misconduct
If you were arrested and tried for a crime, and you believe the prosecutor assigned to your case engaged in one or more forms of misconduct, you have legal rights available to you. A qualified criminal defense lawyer can ensure that you get a fair trial according to your Constitutional rights and will hold negligent or willfully malicious prosecutors accountable for misconduct.
If you were found guilty as a result of prosecutorial misconduct, you may be able to have the charges against you dismissed. Or, you could be granted a new trial with a new prosecutor and a different set of jurors.
Don’t wait to contact an experienced Massachusetts criminal defense lawyer – time isn’t on your side. Call Thomas Kokonowski, Esq. now at 774-561-2689.
