Prosecutorial Misconduct in Michigan
Prosecutor misconduct can change the whole dynamic of a criminal case and deprive the defendant of a fair trial.
Few Defense Lawyers Can Recognize and Stand Up to Dirty Prosecutors Engaging in Misconduct
Prosecutor misconduct can lead to many problems. It is essential that you have a highly skilled criminal defense attorney represent you that is not afraid to confront a prosecutor that has done something wrong or prejudicial to your case. In the recent case of US v Collins (decided August 2015), Mr. Collins was charged with participating in a methamphetamine conspiracy. At the trial of the matter, the prosecutor presented a cooperating witness who testified that he sold drugs with Collins throughout 2009. This was a mistake because Collins was in jail for part of 2009. The Judge overruled the defense attorney’s objection. However, on cross-examination, defense counsel showed that Collins was incarcerated during the period the witness claimed he was dealing drugs with Collins. Collins was convicted.
The Appeal Alleged Prosecutorial Misconduct
There was an appeal. The appeal argued that prosecutor misconduct was committed by presenting false testimony. The appeals court determined that to establish “prosecutorial misconduct by false testimony,” the defense must prove: that (1) the testimony was false, (2) the testimony was material, and (3) the prosecution knew it was false.
The court determined that the testimony was false, and the prosecutor should have known. However, Defense Counsel cross-examined the witness on that point effectively. The court found the prosecutor’s conduct “highly troublesome” but did not amount to a denial of due process because of Defense Counsel’s cross-examination. The appellate court affirmed the conviction.
Although Mr. Collins was convicted, he was lucky to have a competent defense attorney who determined there was prosecutor misconduct. The prosecutor made an error and Mr. Collins’ defense attorney was immediately ready to step up and correct it as best they could. Some attorneys would have missed the misconduct entirely or having caught it, would not know what to about it. This is why you need the best criminal defense attorneys you can find if you face criminal charges to protect your rights and protect you against prosecutor misconduct.
It Takes A Well Trained and Highly Experienced Criminal Defense Attorney To Catch Mistakes and Be Able To Correct Them To Protect You.
Trials often move fast. Attorneys who do trial work must think quickly and frequently change directions at a moment’s notice. This is a skill that takes years to develop. Not all attorneys are cut out to be trial attorneys. Not all attorneys have the fearlessness to allege prosecutor misconduct and challenge a zealous prosecutor or an aggressive police officer to protect the client. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have the experience, skill, and fearlessness to defend you at trial. The firm’s attorneys have decades of courtroom and trial experience. The firm is proud of the accomplishments of its attorneys and their reputation for success. If you want an attorney who protects your rights and ensures you have a full and fair courtroom experience, call LEWIS & DICKSTEIN, P.L.L.C. We will find a way to help you.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
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