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Posted by Karren Kenney | Aug 23, 2016 | 0 Comments
Dirty prosecutors
It should not be news to anyone living in Orange County that there have recently been issues publicized about the District Attorney's Office and the Prosecutors they employ being dishonest. There have been well publicized issues regarding jailhouse informants in Orange County being used by the dirty prosecutors to get information on other inmates and report back in order to decrease their sentence. These issues, specifically those of prosecutorial misconduct, are not unique to Orange County, however, under new proposed State Legislation, Prosecutors who make up information or withhold information may be charged with a felony. This is uplifting news to any Orange County Criminal Defense Attorney.
The way that the law works now, a judge can fine prosecutors who are deemed to have engaged in prosecutorial misconduct and can even report them to the state bar licensing authority. In Orange County we saw the judge take action in the case of Scott Dekraii when he removed the District Attorney's Office from the case in 2015. Tony Rackauckas, the District Attorney of Orange County even supports the bill. He believes that those who engage in Prosecutorial Misconduct should be held accountable for their actions. If this legislation goes through, it could change the way that cases and informants are being handled in Orange County.
It could be the case that no Prosecutors abuse their power and put someone else in jail that does not need to be there for an extended period of time. There are quite a few cases that have been affected by a misuse of jailhouse informants and the withholding of information in Orange County. There may soon be a world where every trial is fair and all of the cards are on the table so that each defendant can get the best possible defense and can confidently say that their case was handled well and without any misconduct. That is an idea that many people who are currently incarcerated cannot say. We can only hope that the fact that there may be jail time associated with prosecutorial misconduct will be a deterrent for those who are thinking of engaging in it. If this legislation comes into play, the playing field will certainly be much more fair than it currently is for defendants and their criminal defense attorneys.
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