What is the role of a superior court judge? And if the defence finds or is informed to an ethical breach from prosecuting side

Attorney answers (2)

1. Licensed in CA

   

   Sean Patrick

   Sacramento Personal Injury Lawyer

   Contributor Level 16

   1

   Lawyer agrees

   Answered January 31, 2013 22:41. Unfortunately your question is so vague, that we can only guess what you are trying to ask. Generally, when a California prosecutor acts improperly at trial, and the defendant is convicted, it could be the basis to overturn the conviction and grant a new trial. This doesn't happen not automatically. You have to determine if the prosecutor refrained from the misconduct, is it reasonably probable that a result more favorable to the defendant would have occurred. If you can prove that the prosecutorial misconduct was so prejudicial that it couldn't be cured, you may be entitled to a new trial. However, this rule only applies where your criminal defense attorney promptly objects to the alleged misconduct at the time it's committed, and asks the judge to instruct the jury to disregard the impropriety.

   I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... moreI am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response. less

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2. Licensed in CA

   

   Hillary Johns

   San Diego Family Law Attorney

   Contributor Level 19

   Answered February 02, 2013 08:44. Concur. Your question is vague. Would you please rephrase?

   Ms. Johns can be reached at either her Woodland Hills or San Diego offices at (866) 402-4038. Her email address... moreMs. Johns can be reached at either her Woodland Hills or San Diego offices at (866) 402-4038. Her email address is hjohns@hjohnsatlaw.com. Ms. Johns is a lawyer although she is not your lawyer unless and until you have consulted with her and an authorized representative of her office and signed a fee or letter agreement confirming her representation of you. Ms. Johns, their lawyers, and her employees are not tax or financial advisors and do not give tax or financial advice. If you wish such professional advice, you are advised to consult with the appropriate professionals. less

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