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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

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. 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 be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  2. 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. 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


  4. 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!


  5. 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 substitution for a meeting whereas all potential legal issues can be discussed.


  6. This is normal.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  7. 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.


  8. 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.

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