What is the opposite of due process of law? What is the opposite of a fair trial? Of justice in the criminal court system? Often, it is prosecutorial misconduct. Unless you attend law school or are personally involved in a criminal case, it is hard to appreciate the vast number of rules that the state must follow in order to arrive at a verdict in a criminal case fairly and legally. It is also hard to appreciate how many criminal cases result in a guilty plea or a conviction at trial without the state following all of the rules. Prosecutorial misconduct occurs when prosecutors break one or more of the rules of criminal procedure, which is to say that it happens often. A Tulsa criminal defense lawyer can help you prevent prosecutorial misconduct in your criminal case.

Types of Prosecutorial Misconduct

All of the following are situations that qualify as prosecutorial misconduct because the state broke one or more rules or violated the defendant’s rights:

• The prosecution presents evidence at trial that it obtained illegally. For example, it presents drugs that it found at a house where it did not have a search warrant or where the judge unfairly issued a search warrant. Another example of illegally obtained evidence is responses given by a defendant who had not read the Miranda warnings before police began questioning him; this evidence was obtained in violation of the defendant’s Fifth Amendment rights.
• The prosecution does not disclose a piece of evidence that the defense team could use to strengthen its case. During the pretrial discovery phase, the prosecution must disclose all exculpatory evidence to the defendant, meaning all the evidence that could be useful for casting doubt about the defendant’s guilt. They must do this even before the defendant’s lawyer requests this.
• Prosecutors make illegal arguments during the trial. For example, prosecutors may not invoke religion in their arguments. They may not describe the defendant’s actions as sinful, even if the defendant is known for his religiosity, such as if he is the pastor of a church. They also cannot directly tell a jury that they believe that a witness is credible.  They can only show that witnesses are or are not credible through questions that they ask during direct examination or cross-examination.

Remedies for Prosecutorial Misconduct

You have the right to petition the court to remedy prosecutorial misconduct if the court does not do it on its own. For example, you may file motions before trial to exclude certain pieces of evidence. If the prosecution shows illegal evidence, makes an illegal argument, or asks an illegal question to a witness during the trial, you have the right to object to it. Removing illegal evidence from the trial weakens the prosecution’s case and strengthens yours. If the misconduct was sufficiently wide-ranging that it spoils your entire trial, the court can order a new trial or dismiss your charges.

Contact Tracy Tiernan About Criminal Defense Cases

A criminal defense lawyer can help you exercise your rights and protect yourself against prosecutorial misconduct. Contact Tracy Tiernan in Tulsa, Oklahoma, to discuss your case.