Prosecutorial Misconduct Legal Options

Summary

Prosecutorial misconduct can include coercion, withholding evidence, or discriminatory practices. If your brother feels coerced into a plea deal, he should contact a criminal defense attorney. He can also file a complaint with the Missouri Office of Chief Disciplinary Counsel. Receiving stolen property over $25,000 can be a Class C felony in Missouri. Bond forfeiture can occur for failing to appear or violating conditions, even without a conviction. Legal counsel can provide specific guidance on these issues.

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public defender but he isn't helping him
It sounds like your brother is facing a difficult situation. Here are a few steps he can consider:
- Contact the Public Defender's Office: He can reach out to the supervisor or head of the office to discuss concerns about his representation.
- Request a Change of Counsel: If the issue persists, he might consider requesting a different public defender.
- Consult an Independent Attorney: Seeking advice from another attorney can provide clarity on his options.
Would you like guidance on how to proceed with any of these steps?
this is the best attorney for the county this isn't the only problem he is having with the prosecutor there are other situations as well
It sounds like your brother is dealing with quite a challenging situation with the prosecutor. In addition to considering a change of counsel or consulting an independent attorney, he might benefit from filing a formal complaint against the prosecutor if there's evidence of misconduct. Is your brother currently facing charges, or is it a preliminary investigation?
facing charges and who would the complaint be filed thru
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If your brother believes there is prosecutorial misconduct, he can consider these steps:
- File a Complaint: Contact the Missouri Office of Chief Disciplinary Counsel to report misconduct.
- Consult Legal Counsel: An independent attorney can guide and help gather evidence.
Is your brother currently facing any specific charges?
yes assault and receiving stolen property
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Your brother is facing serious charges, including assault and receiving stolen property, which can have significant legal consequences. Here are some options to consider:
- Contact the Missouri Office of Chief Disciplinary Counsel to file a complaint if there's evidence of prosecutorial misconduct.
- Seek advice from a criminal defense attorney who can provide guidance and representation.
Would you like more information on how to connect with a criminal defense attorney or resources for legal representation?
is the prosecutor moving a bond forfeiture hearing up to a day sooner than it was already scheduled just to make it harder for my brother to bond out mis conduct
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It's possible the prosecutor is using tactics that might impact your brother's ability to bond out. If your brother feels this is done unfairly, he should discuss it with his public defender or seek advice from another criminal defense attorney. Would you like more information on how to connect with a criminal defense attorney or resources for legal representation?
rsmo on receiving stolen property
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Under Missouri law, receiving stolen property is governed by RSMo Section *.*. Here are some key points:
- A person commits this offense if they receive, retain, or dispose of property knowing it has been stolen or believing it was probably stolen.
- It is considered a Class A misdemeanor unless the property value exceeds $*, making it a Class D felony.
- Penalties can vary based on the value of the property and if the person has prior offenses.
If you need further guidance on this issue or assistance with legal representation, feel free to ask!
why is this receiving stolen property a class c felony
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In Missouri, receiving stolen property is generally classified as a Class A misdemeanor or Class D felony. It becomes a Class C felony if certain aggravating factors are present, such as the property's value exceeding a specific threshold or the defendant having prior related convictions. Do you want more details on these factors?
if they have another receiving stolen propery charge but havent been convicted dies this allow upon grounds of a class c felony
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Under Missouri law, receiving stolen property is typically a Class A misdemeanor or Class D felony. It may be elevated to a Class C felony if there are aggravating factors such as prior convictions. Merely having a prior charge without conviction generally does not elevate the charge to a Class C felony.
Would you like more information on how to proceed with this situation or connect with legal assistance?
what about if the charge is * or more
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In Missouri, if the value of the stolen property is $*,* or more, the charge could be elevated to a Class C felony due to the significant value. Penalties may include substantial fines and potential imprisonment. Would you like guidance on how to proceed with legal representation or more details on this?
is there an rsmo stating this information as far as it being a class c felony of * or more
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Under Missouri law, the charge of receiving stolen property can be elevated to a Class C felony if the value of the property exceeds $*,*. This is outlined in Missouri Revised Statutes, RSMo Section *.*. Would you like more information on legal representation or assistance?
what are other situations of misconduct from a prosecutor
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Prosecutorial misconduct can include various actions that undermine the fairness of a legal proceeding. Here are some examples:
- Suppressing or withholding exculpatory evidence.
- Introducing false evidence or testimony.
- Making improper statements to the jury.
- Coercing witnesses or defendants.
- Engaging in discriminatory practices.
If you have more specific concerns, feel free to ask!
what's an example of discriminatory practices
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Discriminatory practices by a prosecutor can include actions such as:
- Selectively prosecuting individuals based on race, gender, or other protected characteristics.
- Applying different legal standards or penalties unfairly to different groups.
- Making biased statements that influence the outcome of a case.
If you have specific concerns about discriminatory practices, consulting a legal expert could be beneficial.
rsmo on bond forfeture
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In Missouri, bond forfeiture is addressed under Missouri Revised Statutes, RSMo Section *.*. Here are some key points:
- Bond forfeiture occurs when a defendant fails to appear for court.
- The court may issue a warrant and retain the bond.
- Defendants can contest forfeiture under specific circumstances.
If you need further guidance or assistance, feel free to ask!
is there any other reasons a court should seek bond forfeiture
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In Missouri, a court may seek bond forfeiture for reasons beyond failing to appear, such as:
- Violating conditions of release.
- Committing new offenses while on bond.
- Failing to adhere to court orders.
If you need more details or assistance, feel free to ask!
Is there a specific time period where they can issue a bond forfeiture after a defendent catches a new charge
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In Missouri, bond forfeiture can occur if a defendant fails to comply with bond conditions, including catching a new charge. The timing and procedure can vary, but generally, the court can act quickly upon violation. Consulting with legal counsel can provide specific guidance. Is there any other aspect you'd like to know about?
can they do it the very next day making it harder to bond out
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It sounds like your brother is in a tough spot. Yes, a court can act quickly to issue bond forfeiture if there's a violation, potentially making it harder to bond out. Discussing this with a criminal defense attorney could help navigate the situation. Would you like more details on legal representation?
how can they do anything without the defendent being convicted of were innocent until proven guilty
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In the U.S. legal system, a defendant is presumed innocent until proven guilty. However, actions like bond forfeiture can occur based on violations of bond conditions or new charges, even before conviction. This is to ensure compliance with legal procedures and to prevent risks while awaiting trial.
If you need more information or have further questions, feel free to ask!