Legal Question in Criminal Law in Florida

It is to my belief that the prosecuting attorney, previously dealt with on another case and found not guilty, is now conspiring with the current prosecutor handling my current case. They remain within the same division and are known to be very close friends. An obvious grudge is held against the defendant, due to the previous conviction. Should this be legal? Why aren�t there state laws protecting our criminals from such cabal activities? Just the same as all confidentiality purposes and standings of all given situations, protection of the people should be forced throughout our law enforcement divisions as well. This should entail the discretion of keeping secret information about one�s job, to securely constitute a fair trial. If there is belief to conspire a grudge, may a new prosecuting attorney be obtained?


Asked on 3/13/11, 6:09 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

I'm not sure what you mean by "dealt with on another case" as that could have a lot of meanings. However to try and answer your questions, yes this is legal. Yes they do hold grudges. Yes, prosecutors talk amongst themselves about certain defendants. And importantly, yes there are laws in place to protect defendants. For example, one of the Florida Bar Rules is that prosecutors have a duty to administer justice and not just advocate for the state, which means a duty to not prosecute those they believe can not be proven guilty beyond a reasonable doubt. In order to make sure that prosecutors are not going beyond their ethical limits, it is important to have a qualified attorney on your behalf. A prosecutor's bias and misconduct can be exposed with a good attorney. While you usually can't get a prosecutor off a case, if there is misconduct, the court may take action against that prosecutor. Again, get an attorney to fight on your behalf.

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Answered on 3/13/11, 7:16 pm


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