Prosecutorial Misconduct In Buffalo, New York

Jed Dietrich, Esq. and His Team of Lawyers and Paralegals at the Dietrich Law Firm P.C. Fight to Obtain the Best Result for People Who Were Wrongfully Convicted Because of Prosecutorial Misconduct.

One of the most sacred principles of the American criminal justice system is the presumption of innocence. That is, a defendant is considered innocent until proven guilty, and will not be convicted unless the prosecution can establish the defendant’s guilt beyond a reasonable doubt.

Prosecutors have a great deal of discretion relative to the prosecution of crimes, but they must adhere to certain ethical obligations and afford defendants due process of the law. However, the high burden that prosecutors must meet to secure a guilty verdict places great amounts of pressure on them, and may even tempt some to engage in prosecutorial misconduct.

If you, or a loved one, were a victim of prosecutorial misconduct that resulted in your wrongful conviction, contact Jed Dietrich, Esq. and his top rated team of Buffalo, New York attorneys against prosecutorial misconduct today at 716-839-3939. Every day, Jed Dietrich, Esq. strives to provide the highest level of legal representation to the people of Western New York. Contact the Dietrich Law Firm P.C. today for your free consultation. We are available 24 hours per day and 7 days per week, and there is never a fee unless we WIN for you!

The American Bar Association’s Model Rules of Professional Conduct outline the special ethical obligations of prosecutors in Rule 3.8.

Some of these ethical obligations include that a prosecutor must:

1. Refrain from prosecuting a charge against a criminal defendant that the prosecutor knows is NOT supported by probable cause;
2. Assure the defendant has been advised of his or her right to counsel;
3. Disclose all evidence to the defense which tends to negate or mitigate the guilt of the defendant; and
4. Seek to remedy convictions when a prosecutor knows of clear and convincing evidence establishing that a defendant was convicted of an offense he or she did not commit.

If a prosecutor infringed upon your legal rights and their misconduct led to your wrongful conviction, contact the Dietrich Law Firm P.C.’s team of wrongful conviction by prosecutorial misconduct lawyers in Buffalo, New York today. We are dedicated and determined to fight for the justice that you deserve if you were wrongfully convicted in Buffalo, New York; Niagara Falls, New York; Rochester, New York or throughout New York State because of a prosecutor’s misconduct. The Dietrich Law Firm P.C.'s experienced team of lawyers and paralegals will treat you with the respect and compassion that you deserve during this difficult time. Contact us today at 716-839-3939 so that we can help you.

In the 1935 case of Berger v. United States, Supreme Court Justice Sutherland described prosecutorial misconduct as a “prosecuting attorney overstep[ping] the bounds of that propriety and fairness which should characterize the conduct of such an officer in the prosecution of a criminal offense.”

When a prosecutor’s conduct falls outside of the legal and ethical standards that they are bound by, they are engaging in prosecutorial misconduct.

Examples of prosecutorial misconduct include:

1. Failure to disclose Brady material: A prosecutor’s suppression of evidence favorable to the defendant, in that it eliminates or mitigates his guilt, violates the due process requirements of the Constitution (Brady v. Maryland). This means that a prosecutor must disclose an exculpatory evidence to the defense.
2. Making improper arguments in front of the jury: By making improper arguments to the jury, a prosecutor violates the defendant’s Constitutional rights to a fair trial and due process. Improper arguments might include expressing a personal opinion about the defendant’s guilt, commenting on the defendant’s decision not to testify, arguing that the defendant has not established his or her innocence or misstating the law.
3. Presenting false evidence: Presenting false, unreliable or untruthful evidence is unethical and deprives a defendant of the right to a fair trial. This may include, among other things, tampering with evidence and knowingly presenting false testimony.
4. Engaging in bad faith plea bargaining: It is unethical for a prosecutor to make false promises to a defendant or to misrepresent the quantity or quality of evidence that the prosecution has against a defendant in order to coerce a defendant into a guilty plea.
5. Discriminating in jury selection: A prosecutor (like any other attorney) may not discriminate against potential jurors during jury selection on the basis of the juror’s race, ethnicity, color, sex or other protected class.
6. Improper use of media: Disclosing too much information or false information to the media in an effort to sway the public and prejudice potential jurors is unethical and deprives a defendant of the Constitutional right to a fair trial.

If you were imprisoned because a prosecutor engaged in unethical tactics to get a conviction against you, contact the Dietrich Law Firm P.C.’s team of wrongful conviction lawyers in Buffalo, New York today. We are dedicated and determined to fight for the justice that you deserve if you were deprived of your Constitutional rights and were wrongfully imprisoned as a result. Our team of Buffalo, New York personal injury attorneys will fight to get you the best result possible. Contact Jed Dietrich, Esq., recognized as a Best Lawyer of America and New York Super Lawyer, today to find out how he can help you. Call the Dietrich Law Firm P.C. at 716-839-3939 now. We can be reached 24 hours per day and 7 days per week, and there is never a fee unless we WIN for you.

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Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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