What can you do if the prosecuting attorney violates civil rights?

Answer by  patti (29325)

A prosecuting attorney faces off with a defense attorney in front of a judge. It would be easy to inform the defense or the judge of the violation. If the violation is one that is not obvious and you are certain that it is civil rights are violated, you can report through either of those channels.

Answer by  patti (29325)

If you are the defendant, your attorney will address the matter. If the incident took place in a courtroom, the judge would have addressed it. If the prosecutor is contacting you outside the courtroom, you are not obligated to speak to him/her.

Answer by  patti (29325)

A prosecuting attorney in a criminal case has a boss. If there is evidence of a civil rights violation of anyone involved, it should be reported to the the attorney's superior.

Answer by  Stan567 (417)

Not much. The normal remedy for breaching civil rights is by a lawsuit under 42 USC Sec. 1983. However, a prosecuting attorney usually has an absolute immunity from these suits.

Answer by  palaeologus (564)

You may have a civil claim under federal civil rights statutes, you may be entitled to a new criminal trial, and you may have a reason to report him to the bar authorities or the attorney general of your state (among other things).

Answer by  withluck (1745)

You can respectfully bring the violation of civil rights to the courts attention and they will consider the matter. You can also file a complaint with the Bar Association.

Answer by  shanb (49)

Should a person believe that a prosecuting attorney has abused his or her civil right, he/she may file an action to dismiss the charges against the person. He/she may also choose to have the prosecutor reprimanded.

Answer by  Darry (3853)

A petition can be submitted via your own attorney to the presiding judge claiming civil rights infringement. This needs to be well documented, however, and hearsay will not suffice for this documentation. Unfortunately, this is a very difficult thing to prove unless you have witnesses or other evidence to prove your case.