Is it illegal for a prosecutor to be on a case from the arraignment to the grand jury and now shes my prosecutor in suprimcourt

Asked about 1 year ago - Staten Island, NY

I have a d.a. on my case since my arraignment hen at the grandjury n now shes still the d.a. after I got indicted now I feel something isn't right I feel like I wont get a fare plea I was going to write to the bar association. Please I need advice. Thank you very truly yours.

Attorney answers (8)

  1. Anthony Michael Solis

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Nothing at all wrong. In fact, quite common.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . There is nothing strange. Staten Island can afford to assign one prosecutor for the entire case. Seems to be domestic violence. Is that correct?

    Good luck.

  3. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . This is normal.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  4. Joseph A Lo Piccolo

    Contributor Level 20

    3

    Lawyers agree

    Answered . Talk to your attorney. It does happen that way in some counties.


    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  5. Erick Masten Platten

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Nothing is wrong with her representation. She's a part of the prosecution. If she was a judge after knowing these facts and presiding over your case then there would be a problem. But no problem with what you described.

    Sincerely,

    Erick Platten

  6. Taylor A. Koss

    Contributor Level 10

    1

    Lawyer agrees

    Answered . This is totally normal. Some jurisdictions use "vertical prosecution" in which the same ADA handles the case from its inception (writes the case up in the early case assessment bureau) all the way until its conclusion (be it a trial or a plea bargain.) Other jurisdictions have different ADAs handle the case at the different phases. Regardless, there is nothing illegal about either method. In fact, one could argue, that it is beneficial to a defendant to have the same ADA handle the case from its inception. This ADA will be fully familiar with the facts of the case, and in a better position to identify if anything changes along the way.

  7. Peter J. Schaffer

    Contributor Level 2

    1

    Lawyer agrees

    Answered . There is nothing that prevents the same prosecutor from handling a case from arraignment through trial. If you believe the prosecutor is not being fair to you for a specific reason, you should ask your attorney to address that issue appropriately.

  8. Stephen F Wallace

    Contributor Level 19

    2

    Lawyers agree

    Answered . You are lucky to have one person going through the entire system as others may not act consistent to your attorney. Sometimes switching prosecutors may show the weaknesses in the case to a second fresh set of eyes, but this is rare. No misconduct here. Best of luck!

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