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  1. #1
    Join Date
    Apr 2011
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    2

    Default Prosecutorial Conflict of Interest

    My question involves criminal law for the state of: MICHIGAN

    Maybe I'm barking up the wrong tree, but I'm trying to think of anything I can to extricate my kid from her recent idiotic move. Summary: arrested for selling pot to an undercover officer that is part of an inter-agency task force. Now being prosecuted, and the prosecutor happens to be on the board of this same agency. Is that kosher? I assumed prosecutors were sort unbiased as they decided what charges/deals were made, but this would refute that.
    Any intelligent comments are welcomed.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Prosecutorial Conflict of Interest

    Prosecutors work with police officers and agencies. That, of itself, isn't going to create a conflict of interest - it's a necessary part of their job.

    Further, even if a prosecutor were somehow disqualified, all you would do is end up with a different prosecutor assigned to the case. There are cases where an entire prosecutor's office has been disqualified - they bring in an assistant AG or a prosecutor from another county.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,273

    Default Re: Prosecutorial Conflict of Interest

    Quote Quoting helpfuldad
    View Post
    My question involves criminal law for the state of: MICHIGAN

    Any intelligent comments are welcomed.
    How old is your kid .. >18 yrs? First, second, third offense?

  4. #4
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Prosecutorial Conflict of Interest

    I get it in principle, but still think there's something wrong with it--what if there were a judge on the board? The line isnt blurry, it doesnt exist. But thank you for the comment

  5. #5
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Prosecutorial Conflict of Interest

    The judge should not be involved with the board of any drug counsel and still hearing drug related cases as it does create an unnecesary bias. However, just like the prosecutor question, you would just get reassigned to a different judge.

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