how should a judge proceed (criminal case) when confronted with information that police lied to the a.d.a. at sidebar?
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how should a judge proceed (criminal case) when confronted with information that police lied to the a.d.a. at sidebar?
Asked on May 23, 2009 under Criminal Law, Massachusetts
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
The answer depends on what the lie was and a number of related things. You need to have an experienced criminal lawyer consider all the facts, for reliable advice on what to do about this. One place to look for an attorney is our website, http://attorneypages.com
Lies by the police -- if it can be proved that it was a deliberate lie, not a mistake, usually -- are still considered "prosecutorial misconduct." In extreme cases, it can lead directly to the charges getting dismissed or reduced, and in other cases it can take evidence out of the prosecution's case. It isn't unheard of, in this situation, for the judge to go back to his chambers (office) with the prosecutor and defense attorney, and do a little off-the-record arm-twisting to get a plea bargain that the prosecutor might not otherwise have offered.
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