Home > Research Legal Advice > Criminal Defense > Deputy da stood up in recessed court and tell defendant that she is guil...
Asked about 1 year ago - San Andreas, CA
Flagcriminal trial setting court was recessed, deputy da stood up and in a very loud voice where everyone in court room could hear and did hear "that the defendant is guilty and will not win. defense atty asked what about defendants rights and the constitution. Deputy da replied. dont waste my time the judges time the courts time shes guilty wont win and dont waste my time with her rights and the constitution. Can she do this?
Conduct of this sort has been reported in many jurisdictions as lacking professionalism and ethics. The fact that a prosecutor did this while in the ear shock of jurors is a manifestation of the fear he or she is experiencing in this case. Apparently, that Deputy DA may have doubts about the case. It's possible they may be intentionally trying to get a mistrial or illegally persuade the jurors. It is improper conduct and the judge may declare a mistrial if requested by the defense. It may require a hearing with the jurors by questioning each whether or not they heard such statements and if it effects their decisions in the case, however.
It could be worse. One day while waiting for my case to be called, a sentencing concluded, and off the record but quite loudly the DA leaned over to the two defendants and said "This is the last break you get in my f*cking court you little bastards. Come back here again, motherf*ckers and I am going to f*ck good." Neither the judge nor the defense attorney reacted.
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