prosecutorial misconduct?

[ladyjustice]

My question is this,if a person confesses to a crime,it is proven it was coerced because of lack of knowledge,but is convicted anyway,and his lawyers tells the court,prosecuters he will not testify against other defendants,and will take the fifth amendment if called,and that the lawyer was going to appeal the conviction...Can a prosecuter take the defendant out of prison 3 times and promise them the world for testimony and another confession,without the knowledge of his lawyer? Or would that be prosecutorial conduct????

LadyJUstice

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ladyjustice:

My question is this,if a person confesses to a crime,it is proven it was coerced because of lack of knowledge,but is convicted anyway,and his lawyers tells the court,prosecuters he will not testify against other defendants,and will take the fifth amendment if called,and that the lawyer was going to appeal the conviction...Can a prosecuter take the defendant out of prison 3 times and promise them the world for testimony and another confession,without the knowledge of his lawyer? Or would that be prosecutorial conduct????

LadyJUstice <HR></BLOCKQUOTE>


My response:

Without a State name, we can't even attempt to assist you, if we're even able to assist you at all. Laws are different everywhere.

IAAL


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[ladyjustice]

I am sorry the state is Arkansas..

thanks
ladyjustice

 

[Tracey]

A was convicted but is appealing. The DA wants A to testify against B in exchange for a sentencing recommendation. Is this right? This is a common practice. The question is whether A's lawyer has to be informed of the negotiations.

Attorneys may not communicate dircectly with people they know to be represented by counsel. This limitation applies to prosecutors also. (Their client is the State of Arkansas.) However, the DA may be able to weasel out of it by saying that they're talking about B's trial, not A's conviction.

Tell A to say that all deals must be worked out with his attorney, and that he won't talk to prosecutors without his attorney present. The attorney will make sure any testimony cannot be used in a re-trial. Then, A should report the prosecutor to the bar for possible violations the rules of professional conduct.

If A's already talked, I don't know what the penlty would be - supression of the confession, fining the prosecutor, etc.


Rule (of Professional Conduct) 4.2. Communication with person represented by counsel.

In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited June 12, 2000).]