Why would a drug case require a special prosecutor?
4 attorney answers
There are a couple of possibilities. One is that there is some type of conflict of interest. In that case a private attorney could be assigned to be a special assistant state's attorney for this case only. Often times, the Attorney General's office takes over the prosecution in those situations. That eliminates any potential conflict the states attorney's office has with the defendant or the judge. The second possibility is that it is not a conflict attorney. Rather, it is a special prosecutor within the states attorney's office. Larger offices are split up into specialized units. So major drug cases are handled by a specialized group of assistant states attorneys. So when they said they are waiting for a "special prosecutor", it may have just been one from a specialized unit.
Special prosecutors are assigned for a number of reasons. Examples include that the allegations suggest gang involvement, financial crimes(money laundering), conspiracy potential that could create conflicts, multi jurisdictional issues, task force (drug or otherwise) to name a few.
An experienced criminal defense attorney will be able to answer this question.
A much More important question is, what defense theories can be developed?
Of course every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975 Aggressive Creative Defense Strategies Website: www.waaltd.com 24/7 -- (708) 481-4800
There are a number of reasons why a special prosecutor would be needed. The reason may be as simple as conflict of interest. The fact that a special prosecutor is involved should be of no more concern than the fact that a regular state's attorney is assigned. The defendant should discuss this with his/her attorney.