prosecutorial misconduct?

Indiana

While waiting for a hearing in the courthouse the prosecutor wanders around the lobby and sits beside the defendant without legal counsel and starts asking questions just like a "friendly" person, getting the defendant to spill their guts without knowing the person they just talked to was their prosecutor who is trying to find them guilty. In this case, for breaking city ordinances. Civil.

No Miranda rights given and no legal counsel to tell the defendant to keep quiet. Is this prosecutorial misconduct and what can be done if it is? Would a case be thrown out for this event?

Thank you!

donnabherr said:

Indiana

While waiting for a hearing in the courthouse the prosecutor wanders around the lobby and sits beside the defendant without legal counsel and starts asking questions just like a "friendly" person, getting the defendant to spill their guts without knowing the person they just talked to was their prosecutor who is trying to find them guilty. In this case, for breaking city ordinances. Civil.

No Miranda rights given and no legal counsel to tell the defendant to keep quiet. Is this prosecutorial misconduct and what can be done if it is? Would a case be thrown out for this event?

Thank you!

Click to expand...

If you had no counsel, the prosecutor can talk to you. Ethics rules prohibit an attorney from talking with a represented party.

Miranda is only needed when you are in custody. You were not.

FRCP Title 7

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On
motion and just terms, the court may relieve a party or its legal
representative from a final judgment, order, or proceeding for the
following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could
not have been discovered in time to move for a new trial under Rule
59(b);

(3) fraud (whether previously called intrinsic or extrinsic),
misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released or discharged; it is
based on an earlier judgment that has been reversed or vacated; or
applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

FRE Article 8

Rule 801. Definitions

The following definitions apply under this article:

(a) Statement. — A "statement" is (1) an oral or written assertion or
(2) nonverbal conduct of a person, if it is intended by the person as an
assertion.

(b) Declarant. — A "declarant" is a person who makes a statement.

(c) Hearsay. — "Hearsay" is a statement, other than one made by the
declarant while testifying at the trial or hearing, offered in evidence
to prove the truth of the matter asserted.

somethings fishy about this

Thank you

Thank you both for the responses- I am passing them on to the interested party and your assistance is appreciated!

Patriot_Games said:

Rule 801. Definitions

The following definitions apply under this article:

(a) Statement. — A "statement" is (1) an oral or written assertion or
(2) nonverbal conduct of a person, if it is intended by the person as an
assertion.

(b) Declarant. — A "declarant" is a person who makes a statement.

(c) Hearsay. — "Hearsay" is a statement, other than one made by the
declarant while testifying at the trial or hearing, offered in evidence
to prove the truth of the matter asserted.

somethings fishy about this

Click to expand...

Wrong. Not hearsay. For one of several reasons.