If a state prosecutor looses an appeal brought forward by a poor decision in municipal court, can that same prosecutor use that person as a victim/ witness for charges against the person who filed the original charges that he argued and lost the appeal with?
I was convicted and appealed false reports and harassment , served a false sentence until arguments were heard under appeal in superior court. That hearing the assistant prosecutor argued viciously for my continued conviction however the Judge saw it much differently.
Now that same complainant as before is being charged with criminal contempt of court...again.. due to a FRO I've had since 2009 against her. This same prosecutor who denied prosecution of her on 4 different occasions is again put in charge of her conviction..conflic
Ethics / Professional Responsibility Lawyer
No, it isn't a conflict of interest for the same prosecutor to handle the complaint. However, you should retain an attorney to help you.
For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.
1 found this helpful
1 lawyer agrees
Criminal Defense Attorney
If a state prosecutor looses an appeal brought forward by a poor decision in municipal court, can that same prosecutor use that person as a victim/ witness for charges against the person who filed the original charges that he argued and lost the appeal with? Reword this so that we can more fully understand what you are saying and asking. Try not to interject your conclusory and emotional words which tend to muddy the question. Who is the complainant? If you just want to rant, you can do that, but the chances of us understanding the question are much less.
R. Jason de Groot, Esq.,
1 lawyer agrees