What is the responsibility of the prosecutor?

A prosecutor is a legal representative of the government responsible for presenting evidence against suspects in the criminal court of justice. They work with police officers or other law enforcement personnel to bring criminals to justice.

Why do prosecutors sometimes choose not to prosecute a case?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor’s personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant’s guilt beyond a reasonable doubt.

When does the prosecuting attorney have to disclose information?

Federal and State Discovery Statutes. The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:…

Can a judge be forced to recuse himself from a case?

Any judge who does such a thing is under mandatory, non-discretionary duty to recuse himself or herself from the case, and this rarely happens unless someone can force them to do so with the evidence of violations of procedure and threat of losing half their pensions for life which is what can take place.

What are the rules of Professional Conduct for a lawyer?

When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”

What happens when a lawyer does not return a document?

Not returning the client’s documents. A client’s file is generally considered to be the property of the client. When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full.

Can a prosecutor get a continuance in a criminal case?

And even when the defendant has waived time, the prosecutor must obtain the court’s approval for a continuance. Typical reasons advanced by prosecutors include having another trial or other court matter in progress, or when the case involves specified offenses (such as certain sexual assault or child-abuse crimes).

What are the rules of Professional Conduct for prosecutors?

Rules of Professional Conduct in most jurisdictions also impose ethical obligations on prosecutors regarding discovery in criminal cases. Prosecutors are also reminded to contact the Professional Responsibility Advisory Office when they have questions about those or any other ethical responsibilities. A. Where to look—The Prosecution Team

Can a prosecutor be sued for bringing a criminal case?

Prosecutors who bring criminal cases without adequate justification may be sued for doing so, and may not be protected by prosecutorial immunity if the prosecutors’ actions were egregious enough. Defend your rights. We’ve helped 95 clients find attorneys today. Please answer a few questions to help us match you with attorneys in your area.

Can a defendant get a continuance at a preliminary hearing?

Similarly, defendants who are without counsel but facing a preliminary hearing are often given a continuance to hire a lawyer (a preliminary hearing is a “mini trial,” in which the prosecutor presents enough evidence to convince the judge that “there’s a case here,” and that the matter should be set for trial).