I'm very upset about the Grand Jury decision not to indict Darren Wilson, However, the way that the ADA presented incorrect case law which she introduced immediately before Wilson's testimony and then let BE the law for TWO MONTHS, only correcting herself right before they were to give a decision and not even CLEARLY explaining it or putting forth a straight forward answer when prompted by a juror - it seems like gross misconduct on her part. Can she be charged as negligent in some way? Can an investigation be opened? See here: on.msnbc.com/1yjnuBA
I will echo what Mr. Finnecy said and add the following: it is very clear that since you referred to a "assistant district attorney," or "ADA," that you are not writing from Missouri, because we do not referred to prosecutors by that name. Obviously, as the other attorney so clearly pointed out, you are engaging on this website Charlie to engage in a political argument.
Many of the attorneys on this forum Who come in regular contact with me at court, etc., will be surprised that I choose not to engage in this political argument. I will simply say as follows: unless you are a litigant, it is not your concern. Also, prosecutors have immunity.
Please be careful about what private information or case-specific information you post on this open forum. This is public and not subject to attorney-client privilege! Also, if the advice provided was helpful, please be so kind as to post a review on this website.
FLAGGED. The happenings in Ferguson, MO have no place on this forum. Take up your political agenda with the ACLU, NAACP, whatever, but not here. Assistant District Attorneys generally enjoy immunity from such claims. This is not an appropriate question for this forum and has thus been FLAGGED for removal by AVVO staff.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
This is very very funny. You obviously know NOTHING about the criminal process. When the state screws up, that's their problem. They can refile on other charges if them deem fit and I have to say, it doesn't take much for the court to tip one way or the other when it comes to prelims like this, so there the evidence must have been staggering.
Gross misconduct? - No. Gross misconduct is hiding evidence from the defense of prosecuting a defendant whom the DA knows to be innocent or talking with the defendant or judge ex-parte.. That's gross misconduct. Any other decision on case law a lawyer argues isn't gross misconduct.
I think every court room lawyer has touched on "bad" or "questionable" case law at some point... after all, at one point it was good case law and it might be good again... if.... we... can... just.... manage... to ... sneak... it... in.. somehow...
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