Prosecutorial Misconduct

What is Prosecutorial Misconduct in California?

The justice system is built on the principle of a fair trial, where evidence is presented honestly, and guilt must be proven beyond a reasonable doubt.

Prosecutorial misconduct involves unethical or illegal actions by prosecutors in a criminal case.

Prosecutors, as officers of the court, have a sworn duty to seek justice, not simply to win convictions.

However, in some cases, prosecutors engage in corruption and illegal conduct to subvert the legal process and secure a guilty verdict at any cost.

Recognizing this potential for abuse, California law makes certain forms of prosecutorial misconduct a serious felony offense.

California Penal Code 141(c) specifically addresses this issue, providing a legal check on the power of prosecuting attorneys.

This statute makes it clear that actions taken to intentionally and wrongfully manipulate evidence are not just unethical-they are criminal. They can lead to prison time for the prosecutor if the prosecutor is convicted.

Key Takeaways

Prosecutorial misconduct in California happens when a prosecutor violates legal or ethical norms, including actions like hiding evidence (Brady violations), intimidating witnesses, or making improper arguments during trial.
These actions may lead to mistrials, new trials, or even felony charges under PC 141 for willful suppression or falsification.
Key examples include concealing exculpatory evidence (which favors the defense) or making improper remarks about a defendant's silence, both of which undermine fair process and due process, with penalties varying based on severity.
Prosecutorial misconduct is not confined to the criminal trial itself; it can occur at any stage of the criminal justice process, including during arraignment, pretrial proceedings, and sentencing hearings.
Prosecutors who engage in misconduct can face disciplinary actions, and you might be eligible for remedies like case dismissal, favorable jury instructions, or a new trial.

What Constitutes a Violation of Penal Code 141(c)?

For a prosecutor's actions to qualify as a violation of PC 141(c), several specific elements must be met. The conduct must be:

Intentional;
Done in bad faith; and
Carried out with the specific intent to undermine the legal process.

The law prohibits a prosecuting attorney from intentionally and in bad faith doing any of the following:

Altering or modifying evidence.
Withholding relevant evidence, including exculpatory material.
Misrepresenting evidence as something it is not.

This misconduct applies to physical matter, digital images, video recordings, and any other information that is relevant and material to the outcome of a case.

The prosecutor must know the evidence is significant and must act with the specific intent to conceal or destroy it, or to fraudulently present it as original evidence during a trial or other legal proceeding.

What are Some Examples?

Examples of behaviors that could violate PC 141(c) include:

A prosecutor intentionally hid a lab report that suggests a defendant's DNA was not found at the crime scene.
Editing a witness's video-recorded statement to remove parts that support the defendant's alibi.
Failing to disclose information that a key prosecution witness was paid for their testimony.
Altering a digital photograph to make it appear more incriminating.

These actions are considered in "bad faith" because they constitute a deliberate attempt to deceive the court, the jury, and the defense, thereby preventing a fair trial.

Penalties for Prosecutorial Misconduct

Under California law, prosecutors are prohibited from engaging in misconduct.

Furthermore, Penal Code 1181 PC permits the judge to declare a mistrial and grant a new trial if the misconduct impacted the case's outcome, rather than being a harmless error, provided that you or your defense attorney objected to the misconduct during the trial.

If a prosecutor's conduct meets the criteria for prosecutorial misconduct under Penal Code 141(c), the prosecutor can be charged with a felony.

If convicted, they may be sentenced to state prison for 16 months, two years, or three years. Such a conviction not only results in incarceration but also ends the offending attorney's career and can lead to disbarment.

You can pursue a lawsuit against a prosecutor in civil court for malicious prosecution if they filed a frivolous charge against you and you incurred damages. Typical damages include:

Financial losses,
Reputational damage,
Pain and suffering, and
Attorney's fees.

You can also report prosecutor misconduct to the state bar, which may result in the prosecutor losing their law license, depending on the case.

How a Defense Attorney Can Fight Prosecutorial Misconduct

If you have been accused of a crime, the possibility of prosecutorial misconduct can be a frightening prospect.

However, a skilled California criminal defense attorney understands how to identify the signs of such behavior and can use it to protect your rights and seek a dismissal of the charges against you.

An experienced attorney knows what evidence to look for and the procedural steps required to challenge the prosecution's case. The process typically involves several key actions:

Thorough Discovery and Investigation: Your attorney will file discovery motions demanding that the prosecution turn over all evidence related to your case. This includes not only evidence they plan to use against you but also any exculpatory evidence that could prove your innocence. An attorney will meticulously review police reports, witness statements, lab results, and internal notes for inconsistencies or omissions.
Identifying Red Flags: A defense lawyer can recognize signs of bad faith. This might include delays in providing evidence, inconsistent statements from prosecution witnesses, or a reluctance to answer specific questions about how evidence was handled.
Filing a Motion to Dismiss: If your attorney uncovers evidence of misconduct, they can file a "motion to dismiss" with the court. This legal motion argues that the prosecutor's actions have violated your constitutional right to a fair trial. The motion will detail the specific misconduct, present the supporting evidence, and argue that the only just remedy is to dismiss the charges.
Presenting Evidence at a Hearing: The court will hold a hearing on the motion. Your attorney will present evidence and arguments to the judge, demonstrating how the prosecutor intentionally and in bad faith altered, withheld, or misrepresented crucial information.

When prosecutorial misconduct is proven, it can be a powerful tool for the defense.

A judge may dismiss the charges entirely, declare a mistrial, or exclude the tainted evidence from trial, significantly weakening the prosecution's case and often leading to a favorable outcome for the defendant.

For a confidential case evaluation, contact the criminal defense law firm at Eisner Gorin LLP in Los Angeles.

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