Legal Question in Criminal Law in Washington

Re: Misconduct by prosecutors ???

This sounds like an exam question, and not a real-life scenario. In the real world . . .

A toy gun may or may not be a weapon, depending on the criminal code and the circumstances in which it was used.

A prosecutor may object to the testimony of a particular witness; however, it is the court that determines whether the witness may testify. A defense attorney may call witnesses the state chooses not to call.

Which "weapon" was used during commission of alleged offense is a question of fact (for jury or judge).

Prosecutor must prove, through expert witnesses, to whom particular fingerprints belong.

Finally, any defendant who is represented by a public defender may retain counsel at his/her own expense. Typically, an attorney entering a case shortly before trial will request a continuance to prepare. Whether a continuance is granted is within the discretion of the court.

Re: Misconduct by proecutors

The prosecutor "substituting" evidence would be misconduct and a basis for dismissal. The defense attorney acting "ineffectively" is a basis for a new trial. This is a difficult standard to prove on appeal. You have the right to hire an attorney of your choosing. You should hire the attorney and let the attorney deal with substituting into the case and getting it continued. Contact me directly for more information on getting a new attorney.

At your service,