If a prosecutor lies in court, dismisses acts of felony (because she is a friend of a friend who committed act), exhibits act of malice and false accusations during hearing, threatens to arrest a parent for false accusations (when accusations were truthful and made to protect children from prosecutor's friend's friend) can prosecutor be held accountable? Can the perjury/ unethical behavior be tried in Federal court? Can prosecutor be sued for malice and despair and pain resulting from his/her actions? Is there a statue of limitations?
What type of lawyer will be needed to bring justice to this type of situation? Referrals appreciated.
You should contact a lawyer in your area that handles civil rights claims and has experience bringing cases against law enforcement agencies under both the laws of your state and federal law. All prosecutors, at state level and federal level are duty bound to pursue justice, and follow the rules of ethics that pertain to lawyers. Prosecutors have immunity from civil actions so long as they are always acting within their legal authority. Go to the American Bar Association website for what it has determined should be the standards prosecutors should follow - which states:
In February 1992, the ABA House of Delegates approved these “black letter” standards that have been published with commentary in ABA Standards for Criminal Justice: Prosecution and Defense Function, 3d ed., ©1993 American Bar Association. (see the link below for more info)
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Normally, a prosecutor has complete immunity from civil lawsuits regarding how the prosecutor handled his or her job. However, if you still have time, you can appeal the judgment acquired by the prosecutor, and cite unethical conduct as one of your reasons for appeal. Also, you can complain about the prosecutor to the Attorney Grievance Commission; if they agree they can bring a charge against the prosecutor to the Attorney Discipline Board.
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