Many of us associate the word “misconduct” with misbehaving children. That kid who got kicked out of class because he wouldn’t stop reciting the principal parts of the verb “to vomit” was engaging in misconduct, even though his classmates found his antics entertaining.
In criminal cases, people are so focused on whether the defendant broke the law that they sometimes don’t notice that the prosecution broke the law. Sure, plenty of juries have voted to acquit when defense lawyers cross-examined police officers summoned by the prosecution until the officers’ history of rule-breaking became obvious to the jury. Much prosecutorial misconduct takes place behind the scenes in ways that juries do not notice because defense lawyers sometimes do not notice it until it is too late. Speaking up about prosecutorial misconduct can only help you get a fair case, just as speaking up about other violations of your rights does. A Texas criminal defense lawyerwill examine the evidence related to your case thoroughly to ensure that you can exercise your rights to the fullest.
Prosecutors Behaving Badly
Prosecutorial misconduct occurs when prosecutors break the rules related to charging defendants with crimes and to criminal trials. The following are examples of prosecutorial misconduct:
● Suppressing evidence that could help the defense’s case, such as by not disclosing potentially exculpatory evidence or not allowing defense attorneys to view files that Texas laws about open discovery give them the right to access
● Questioning a suspect who has not received the Miranda warnings
● Pressuring a suspect to confess before he or she has had the chance to meet with a criminal defense lawyer
● Formally charging a defendant with a crime when there is no probable cause
How Does It Benefit You to Speak Up About Prosecutorial Misconduct?
Two wrongs don’t make a right, so does it mean that you are innocent just because prosecutors broke the rules? No, but prosecutorial misconduct is a violation of your Constitutional rights. Therefore, it can lead to the court declaring some or all of the prosecution’s evidence against you invalid. For example, anything you said before being Mirandized is inadmissible in court. Sometimes, the prosecutorial misconduct is so severe that once you exclude the evidence obtained through it, there is no case left, and the court dismisses the charges against you.
When prosecutorial misconduct leads to wrongful convictions, drawing the court’s attention to it after the fact can lead to the court overturning your conviction. In fact, the Michael Morton Act, which protects defendants against prosecutors withholding potentially exculpatory evidence, is named after a man who spent more than 20 years in prison after a wrongful conviction resulting from a prosecutor unfairly suppressing evidence. It is never too late to speak up about prosecutorial misconduct, but the sooner you detect it and notify the court of it, the better.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A Dallas criminal defense lawyer can help you navigate the criminal justice system and protect yourself from prosecutorial misconduct. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.