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When Prosecutorial Conduct Goes Too Far

By Neil Shous, Esq.

Prosecutorial misconduct?that is, any conduct that the prosecutor engages in that is misleading, dishonest, or illegal?should always cause concern. However, it is often overlooked or set aside. Many times, prosecutors who make inappropriate or unethical comments during a trial are given a slap on the wrist and that?s about it. Meanwhile, the defendant is left to suffer the consequences. Fortunately, there is relief when that misconduct goes too far. If you or your California criminal defense attorney can show that the prosecutor?s misconduct was so prejudicial that the prejudice can?t be cured, you are entitled to a new trial. And oftentimes, instead of beginning a new trial, the judge will dismiss the case or the prosecutor will be willing to offer a reduced charge...continue to full post

Full post as published by California Criminal Defense Blog on September 09, 2010 (boomark / email).