Summary
The user, a victim in a domestic violence case, had queries about prosecutorial misconduct. The user was informed that despite their wishes and affidavit for non-prosecution, prosecutors can still proceed with charges. It was explained that intimidating a witness, threatening to charge someone with a felony to coerce testimony, and refusing to investigate a potential crime could constitute prosecutorial misconduct. However, these are complex issues that depend on specific circumstances and local laws. The user was advised to document any incidents, consult a legal professional, and report to ethical oversight bodies.Full Conversation
I have some questions regarding prosecutoral misconduct
Can you please specify the nature of the misconduct you're concerned about and your location? This information will help me provide more accurate guidance.
I'm a victim in a domestic violence case
Hello ****, I'm sorry to hear about your situation. In order to provide accurate guidance, I'll need to know the specifics of the alleged prosecutorial misconduct and your location, if you're comfortable sharing.
I did not want police involvement and requested charges not be filed. I submitted an affidavit for non prosecution and recanted all statements. This is in Jackson mi.
Despite your wishes and the affidavit, prosecutors can still move forward with charges. It's their discretion. If you believe there's misconduct, consider:
- Contacting the State Bar for possible disciplinary action
- Consulting with a private attorney for legal advice.
Jackson County Prosecutor's Office
Phone: (*) *-*
Address: * S Jackson St, Jackson, MI *
Website: www.co.jackson.mi.us Can a prosecutor be found guilty for misconduct for intimidating a witness to testify
In many jurisdictions, intimidating a witness is considered misconduct and can lead to penalties or sanctions against the prosecutor. However, the specific laws and regulations vary by location. If you feel you've been intimidated, you should:
- Document the incident
- Seek legal counsel
- Report the incident to the appropriate oversight bodies.
Consider contacting a local legal aid organization for assistance.
Can a prosecutor be charged with misconduct for threatening to charge someone with a felony if they don't testify
Threatening to charge someone with a felony to coerce testimony may constitute prosecutorial misconduct. However, this is complex and depends on specific circumstances and laws in your location. If you find yourself in this situation:
- Document the threat
- Consult a legal professional
- Report to ethical oversight bodies, such as your state bar association
Can a prosecutor be charged with misconduct for refusing to investigate a crime that was brought to their attebtion
A prosecutor can be charged with misconduct for not investigating a potential crime, especially if there's a clear violation of their professional duties. However, it's very fact-specific and often depends on local laws. Here's what you can do:
- Document the refusal
- Consult a lawyer
- Report to your state bar or other oversight authority.