When you’re facing charges, it’s extremely important that the prosecution and defense teams are both working within the confines of the law. The last thing that you should have to worry about is the prosecutor taking steps to charge you or make claims against you in a way that breaks the law or their code of ethics.
Prosecutors have an important role in the criminal justice system and determine when someone should be held accountable for a crime. This is an extreme amount of power for a person to have, which is why it’s so important that prosecutors are held to a high standard.
Prosecutors can commit misconduct, and they sometimes do
It’s vital that you and your defense attorney stay watchful for signs of prosecutorial misconduct. Some common issues that you may come across include:
- Withholding evidence from your attorney when that evidence may help prove your innocence
- Pushing witnesses to the point that they don’t want to take the stand or speak on your behalf
- Mishandling or mistreating evidence
- Exaggerating or misleading the importance of certain pieces of testimony
- Using fraudulent expert testimony
These and other issues are big problems for defendants, because they could lead to a defendant facing unfair charges as well as being at a disadvantage in court.
Some believe that prosecutorial misconduct is more common among cases involving Black Americans. In many, it’s noted that prosecutors may have hidden information that supported the client’s claim that they were innocent of the crimes they were facing charges for.
Your defense attorney may be able to help
If your defense attorney notices that the prosecutor is doing things that may constitute misconduct, they should take action right away. Your defense attorney does have the power to track what’s happening and to point out discrepancies. They may also be able to help you pursue a claim directly against the prosecutor, especially if you are able to prove that they are withholding evidence, using fraudulent expert testimony or mishandling important parts of your case. If you’re concerned about this issue, make sure to learn more about your legal options before moving forward.