Posted on January 22, 2022 Show
Defendants are advised not to speak with prosecutors. There is no specific rule that prohibits a defendant in a criminal case from speaking directly with the district attorney in an attempt to negotiate a resolution of the charges. However, most jurisdictions have ethics rules that say prosecutors cannot speak directly with defendants whom they know to be represented by an attorney. If a person is not represented by a lawyer (and even if the person is), then he/she should decide not to speak with the D.A. This is because the accused might:
If a person is accused of a crime, that person should contact an experienced criminal defense attorney for help. This is true no matter if the person is accused of:
If a party is represented, and is then approached by the D.A., the suspect must inform the prosecutor of this representation. The accused should also provide his/her lawyer’s contact information to the prosecutor. Note that in the criminal justice system and under criminal laws of all jurisdictions, the D.A. is the lawyer that (among other things):
Can I talk to the D.A.?Hypothetically, a person accused of a crime can try to speak with the D.A., the district attorney’s office, and/or a deputy district attorney. But note that the ethics rules state bars say that a prosecutor or DA’s office cannot speak with a defendant if a lawyer knows that he/she is represented by a defense attorney. This is true in all states within the United States and applies no matter if the accused is suspected of a simple battery charge to a charge involving a violent crime. If unrepresented, a prosecutor can agree to speak with an accused.[i] In this scenario, however, the D.A. must always advise the accused of his/her:
If a suspect expresses a desire to speak with a criminal defense attorney, public defender, or private attorney, the prosecutor must cease all communication with the accused or criminal defendant.[ii] A prosecutor that fails to cease talks will violate the accused’s constitutional rights as well as state ethics rules.[iii] Is it a good idea for an accused person to speak with the D.A.?Again, a prosecuting attorney can agree to speak with an unrepresented person suspected of criminal charges. But it is generally ill-advised for a defendant to speak privately with the prosecutor. This is because the accused may:
As to the first point, note that D.A.s normally just have the following information before they decide to press charges:
An accused that speaks with the prosecutor could end up providing the prosecution with information not found from the above sources. This means the suspect hands over evidence that the prosecution did not have or possibly could not obtain. As to the last two points, note that a prosecutor is under no obligation to provide a suspect with legal advice regarding the consequences of his/her actions. This means that, if an accused speaks with a D.A., he or she could say something or agree to something without knowing the true ramifications of that statement/agreement. For example, a prosecutor may try to have a suspect enter into a plea bargain regarding a domestic violence crime because of the alleged victim’s wishes. But the deal may be nowhere close to being in his/her best interest. Here, though, the prosecutor has no duty to explain the true consequences of the bargain Should a person request a defense counsel if approached by the prosecutor?Yes. A person accused of a crime should seek help from a:
This is true no matter if a person is approached by a district attorney or not. The above parties are well skilled in the advocacy of an accused rights and liberties. Further, they can make certain that an accused understands the charges that he/she potentially faces. Note that the information that an accused provides to a lawyer is protected by the attorney-client privilege. This means that the attorney cannot disclose client information to other parties – even if they are subject to a subpoena or court order. Is it prosecutorial misconduct if a D.A. speaks with an accused?Sometimes. It just depends on the facts of the case and whether the D.A. talked with a suspect and either:
“Prosecutorial misconduct” occurs when a prosecutor in a criminal case behaves in an illegal or unethical manner. The misconduct is typically aimed at securing a conviction or a lengthier sentence for the defendant. A judge can do any of the following if he/she finds that misconduct prejudiced the accused:
What is the law in the State of California?People accused of a crime in California should contact a defense attorney for help. This is true even if criminal charges have not been filed and a person is only a suspect. If a person is represented and is approached by a D.A., then that person must inform the prosecutor of the representation. Note that Penal Code 1181 is the California statute that says a judge may declare a mistrial and grant a new trial if a finding of prosecutorial misconduct.[iv] This is provided, however, that:
Also see our related page on Can a defendant talk to a witness? [i] See, for example, In re Disciplinary Proceedings Against Mauch, 107 Wis. 2d 557. [ii] Edwards v. Arizona, 451 US 477 (1981). [iii] In re Disciplinary Proceedings Against Mauch, 107 Wis. 2d 557. [iv] California Penal Code 1181 PC. [v] People v. Rodriguez (2018) 26 Cal.App.5th 890. So I missed a call from the local District Attorney, didn't leave a message because my voicemail isn't set up. Called on Wednesday but haven't heard back since. I was curious as to what they do, so I googled it and they're state criminal prosecutors? Is this something I should be concerned about? Why would they call me? Could it be some outstanding debt or ticket? I talked to someone I know who was ex law enforcement, he said if it was anything serious that the police would have been in contact already. He said if they don't call back it isn't a big deal. He also said it could have been a scam using the DA's phone number. Stuff like this just makes me super anxious. Any ideas? Edit: Colorado Edit 2: just check my mail, got a letter for jury duty. This is why they called, right? |