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

What is his obligation to his client and if he does not bring this to the attention of the judge what can be done?

Chico, CA -

Attorney Answers (2)

Sean Michael Patrick

Sean Michael Patrick

Personal Injury Lawyer - Sacramento, CA

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... more
Hillary Johns

Hillary Johns

Family Law Attorney - San Diego, CA

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... more

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