What is his obligation to his client and if he does not bring this to the attention of the judge what can be done?
Family Law Attorney
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.
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1 lawyer agrees
Family Law Attorney
Concur. Your question is vague. Would you please rephrase?
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