Legal Question in Criminal Law in Florida

Is it ethical for a prosecutor to try a narcotics case, even though she is married to a narcostics officer from the same department, and most likely knows personally the detectives who made the arrest? There is evidence of bias in this case, as prosecutor is allowing detectives to make the sentencing decision.


Asked on 10/15/09, 11:03 pm

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

Even though it often seems like it, neither prosecutors nor the detectives make the sentencing decisions. They decide whether or not to "charge" but that does not mean they have enough to convict you. As far as being ethical, it certainly could be used in court to show the bias but it does not mean that evidence would not be admitted. In order to better answer your question, you should take the time to sit down with an attorney and discuss this in more detail.

Read more
Answered on 10/16/09, 11:08 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida