Can a prosecutor contact a defendant's employer and forward the defendant's complaint to them?

San Francisco, CA Viewed 27 times. Posted about 1 month ago in Criminal Defense

The prosecutor contacted and sent the employer of a defendant the complaint within 5 business hours of the defendants release. The complaint had priors and the investigation information. The DA also stated they were doing a press release and name the employer would be included in it if the defendant wasn't terminated. The employer was not the victim and was not the defendant's employer at the time of the alleged crime. The crime was financial in nature however the defendant doesn't act in a fiduciary manner for the employer nor do they pose a threat to public safety in their current position. Also found out that someone in the DA's office is really good friends with the employer. Does that give them a right to risk the defendants job?

Answers (1)

Alexander Thomas Henderson

This attorney is licensed in California. Posted about 1 month ago.

Although it appears that this prosecutor is transmitting public information the conduct appears to be highly suspect. Further, threatening the employer with a press release unless the defendant is terminated suggests that this particular prosecutor may be acting far in excess of the scope of his/her office. Prosecutorial misconduct is a serious breach of public trust. The defendant needs to have an attorney immediately investigate the source of these activities to determine if they are the result of a systemic policy or whether they are the acts of a single employee as pertains to this individual case. This may constitute "selective" or "vindictive" prosecution which is the unlawful treatment of one individual defendant differently than other similarly situated defendants.