Assistant commonwealth attorney participated in a cover up of civil rights violations by arresting officer. The prosecutor filed Motion in Limine to prohibit testimony about an Internal affairs complaint against the arresting officer claiming the police department did not make her aware of the complaint until two days prior to the appeal. My attorney discussed the 7 month long investigation with the prosecutor months prior to the date she falsely claimed in writing and the complaint is documented in the trial transcript for the original hearing 4 months prior. This attorney acknowledged her awareness of the investigation to my attorney far prior to the date she stated as her basis for filing the Motion in Limine. Which ethics violations should be cited in my complaint to the VA Bar?
All we can give you is general guidance: describe the situation, much as you did here. If you feel the need to cite specific violatioins (FYI, the bar can and will figure that out themselves). Finally, you have an attorney--a person familiar with ALL the facts, circumstances, and events---ask him/her for guidance on how to proceed especially where your contention turns on your attorney's collaboration.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
Criminal Defense Attorney
I don't know that you need to cite specific violations to make a complaint as a complainant. You need only describe the violation and the Bar will determine whether the facts constitute a violation.
I don't think you need to cite specific portions of the ethics code or statute -- that's the disciplinary committee's job to figure out. Your only responsibility is to recite the facts, dispassionately, completely, and accurately. That's all anyone expects from the lay public, especially given that the ethics committees in every state exist to PROTECT the public, not the lawyers they investigate.
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