Legal Question in Criminal Law in Georgia

DA Question again

I thank the attorney who replied that my friend hire an attorney. I had asked if there was anything that could be done about a DA calling my friend a ''drug Dealer'' even though he has not been found guilty of anything (as a matter of fact the person who did do this has plead guilty). He has a public defender but he just doesn't seem to care and was in the courtroom when this woman yelled this out and when I asked him if she can do that he said ''yeah she the Assistant DA'' well I beg to differ! Is that not characterizing him before he's been found gulity? Can she do this? and why doesn't his PD care? What can we do about this? Any help would be appreciated!!


Asked on 4/13/09, 12:12 am

1 Answer from Attorneys

Yasha Heidari Heidari Power Law Group, LLC

Re: DA Question again

Whether the DA could do this in good faith depends a bit on the contextual factors of your friend's case (e.g., is your friend accused of possessing 20lbs of cocaine, or is your friend accused of forgery?). Even if your friend being a drug dealer is the ultimate issue to be decided during trial, the court might allow it, just as the court would also allow your friend's attorney to portray your friend as an innocent victim (even if, once again, that is the ultimate issue to be decided).

Assuming the accusation is completely baseless and irrelevant, then it seems that such a statement would be highly prejudicial. Various motions could be filed outside the presence of the jury to exclude such a statement during trial. If a judge granted such a motion and the DA ignored it (unlikely) by calling your friend a drug dealer during trial, then an attorney could raise an objection and move for a mistrial. The attorney could also use it as grounds for an appeal if necessary.

Please note the above is only for informational purposes, and contains only a brief analysis of the facts as you have stated them. These are issues that you or your friend should raise with his attorney. No attorney-client relationship exists between us.

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Answered on 4/13/09, 8:20 am


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