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Will the assistant state's attorney in a criminal case be forced to take herself off of case?

New Haven, CT |

The prosecutor that is assigned to my case is the sibling of a potential character witness that I worked with. The allegation of wrong-doing took place in the workplace and we would potentially be calling this sibling to state that they never saw any inappropriate behavior on the part of the accused. How would the court handle this?

Attorney Answers 3


Your lawyer should discuss this with the District Attorney. If they cannot agree, the judge will become involved. Sit back and let your attorney do his/her job.

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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The most important thing for you to do is to explain the relationship to your attorney and tell him/her that you think it could be an issue for trial. Tell your attorney this information as soon as possible and don't spring it on at the last minute before the jury is being picked. If you don't yet have an attorney, sounds like you should be looking to hire someone or apply for the public defender as you seem to be focusing ahead toward a trial.

Good luck!

Attorney Mark D. Colson
Colson Law Firm, LLC
40 Russ Street
Hartford, CT 06106
860.263.0055 - Tel
860.838.2822 - Fax

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I don't disagree with the responses posted here, but as a former prosecutor I confidently predict that this gambit will not cause the prosecutor's office or the court to remove the prosecutor assigned to your case. Your intentions are just too slick and too obvious to pass the smell test: hard-charging prosecutor so the defense decides that they "may" call a relative of the prosecutor as a witness on an ancillary issue to testify to an absence of observations. ROTFLMAO. Not even close!

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