Other attorneys in the forum have correctly responded that there are many fine and experienced federal criminal defense attorneys who are not intimidated by prosecutors, and who fight for their clients. Indeed, lawyers in federal and state courts have often raised and litigated allegations of prosecutorial misconduct, and many such cases have been litigated in published appellate decisions. However, attorneys cannot and will not make baseless allegations, and there must be a sufficient factual basis for such an allegation, as well as strategic reasons to make such claims (in many cases, such arguments may not help a defendant). Anyone facing a federal prosecution should work closely with appointed or retained counsel to raise any appropriate defenses.
The author provides answers on this site based on hypothetical questions and fact patterns. The answers provided are for general educational and informational purposes only, and they do not constitute legal advice, which would require a personal consultation and representation agreement. Questions and answers on this site do not create an attorney-client relationship, and the communications are not privileged. Any citizen with a legal issue should consult personally with an attorney and should rely only on legal advice provided in a formal attorney-client relationship.
There are lawyers in every jurisdiction who have the courage to challenge the government on the actions of prosecutors. The question is whether they will agree with you that the conduct is egregious and it is the correct tactical move to make such a challenge. Good luck.
I agree with my colleague. Prosecutorial misconduct does occur. But you do not say what your "experience" is. If you mean that you have been a criminal defendant, you may not be entirely objective about what you consider to be misconduct. There are plenty of lawyers willing to challenge the government, but most lawyers do not want to make false accusations, as that can actually harm the client. I suggest you look for an aggressive attorney and consult about the specific facts in your case. If you get two or three lawyers who tell you that they do not see misconduct, you may want to reconsider what you believe constitutes government misbehavior.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
Yes there are. I suspect you have no idea what you are talking about and have no idea what really constitutes prosecutorial misconduct. What are the facts that justify the accusation you desire?
Experienced Criminal Defense Attorney--
I'm not quite sure how many millions of lawyers there are in the United States, but I think you may be overstating your position a little by suggest that you have experience with most of them. So, I understand that something has you concerned. But, when you step into a lawyers forum and accuse all the lawyers in the forum - i.e. "experience has been that most lawyers in the United States are easily intimidated"...you have not put your best foot forward. My initial response is that this is someone who has an unreasonable claim who things they are right - they have been told by the lawyers they have contacted that they have no claim and, rather than accepting that, are blaming all the lawyers in the United States for the problem. I have done trial work for a substantial portion of my career, some of it against federal prosecutors. I don't know any members of the defense bar who are "easily intimidated" by them. If you have a truly good case in which one can "rightfully accuse federal prosecutors of serious prosecutorial misconduct" then you should have no trouble finding a lawyer. We don't let the prosecutors get away with misconduct. If you are unable to find a lawyer, perhaps that is something you should take to heart when considering your claim. Either way, when you are looking for help, you should consider being polite and respectful rather than aggressive and accusatory. I'm confident that you will not find legal representation with the attitude reflected in your comment.
On the one occasion in my forty years of experience in which the federal prosecutor's office was truly involved in flat-out highly improper conduct, the district judge appointed a former United States Attorney to act as the court's own special attorney, correctly concluding that this special prosecutor would be better able to get to the bottom of the matter . . . as indeed turned out to be the case.
In general I agree with my colleagues. Very few experienced defense attorneys feel the least bit intimated by the United States Attorney's Office. We take them on every day. But, like the prosecutor, we should not be bringing allegations of impropriety that we cannot prove.
I am certain that any number of lawyers are "willing" to take a position against prosecutorial misconduct if it is present in a specific case.
This answer/response is based on the information provided in your inquiry and requires a much more complete context than is available in this public forum. Please do NOT use this answer/response to say or do anything regarding your situation. BEFORE you say or do anything consult with an experienced local Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.