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Facing federal criminal charges can be one of the most stressful experiences of your life. Federal prosecutors are backed by immense government resources, and their goal is often to secure a conviction. However, prosecutors are also bound by strict ethical and constitutional duties. When they violate those duties, prosecutorial misconduct in federal court can occur — and in some cases, that misconduct can lead to a dismissal of federal charges.
Prosecutorial misconduct refers to unethical or illegal behavior by a prosecutor that violates a defendant’s constitutional right to a fair trial. This misconduct can happen before, during, or even after trial. The Supreme Court has made clear that prosecutors are not supposed to simply “win” — their duty is to ensure that justice is done.
Common examples include:
Even one of these actions can violate the Fifth Amendment right to due process and the Sixth Amendment right to a fair trial.
A federal judge has the authority to dismiss criminal charges when the prosecution’s behavior undermines the integrity of the judicial process. Dismissal is an extreme remedy — courts only use it when the misconduct is so outrageous that it “shocks the conscience.” But when prosecutors abuse their power, dismissal is necessary to protect both the defendant and the justice system.
Under Brady v. Maryland (1963), prosecutors must disclose any evidence favorable to the defense. This includes anything that could help prove the defendant’s innocence or reduce punishment.
When the government withholds such evidence, it’s a Brady violation. If the missing evidence could have affected the trial’s outcome, courts can overturn a conviction or dismiss the charges entirely.
Example: In United States v. Chapman (9th Cir. 2008), the Ninth Circuit dismissed drug charges because prosecutors intentionally withheld evidence that was favorable to the defense. The court called the misconduct “flagrant” and unconstitutional.
Another serious form of misconduct involves presenting false testimony or fabricated evidence. The Supreme Court in Napue v. Illinois (1959) and Giglio v. United States (1972) ruled that the government cannot knowingly use or fail to correct false evidence.
If prosecutors allow witnesses to lie or misrepresent evidence, and it impacts the verdict, dismissal of the indictment or reversal of conviction is warranted. This type of misconduct goes to the heart of due process.
Prosecutors must base their decisions on legitimate legal grounds — not personal, political, or discriminatory reasons. When a prosecutor charges or punishes someone because of their race, religion, political beliefs, or for exercising constitutional rights, it’s considered vindictive or selective prosecution.
Defendants who can prove this type of bias may have their federal case dismissed entirely. The Equal Protection Clause prohibits targeting defendants for unlawful reasons, and courts have the power to throw out indictments that violate it.
Before federal charges can proceed, a grand jury must return an indictment. Prosecutors are required to be honest and impartial when presenting evidence to the grand jury.
If a prosecutor deliberately misleads the grand jury or withholds key information, the entire indictment can be invalidated. In extreme cases, courts dismiss the charges and bar reindictment to prevent further abuse.
Sometimes misconduct occurs outside the evidence itself. Prosecutors may improperly comment on a defendant’s silence, appeal to jurors’ emotions, or release prejudicial information to the media.
While not every inappropriate comment will result in dismissal, such behavior can lead to mistrials or dismissals if it significantly prejudices the defendant’s right to a fair trial.
Federal courts carefully evaluate whether prosecutorial misconduct warrants dismissal by considering several key factors:
If the federal prosecutorial misconduct is intentional, prejudicial, and no lesser remedy can cure it, dismissal of federal charges becomes the appropriate solution.
Several landmark federal cases demonstrate that when prosecutors cross the line, courts will not hesitate to dismiss charges:
These cases underscore an important principle: federal prosecutors must follow the law just as strictly as the defendants they charge.
If you believe a federal prosecutor has acted improperly in your case, you must act fast. A skilled federal criminal defense attorney can help by:
Defense lawyers often use Brady motions or Rule 16 motions to compel disclosure of evidence and expose misconduct early in the process.
When federal courts dismiss charges for prosecutorial misconduct, they’re doing more than protecting one defendant — they’re upholding the integrity of the justice system itself. Dismissal sends a strong message: the government must play fair, even when pursuing serious charges.
Without these safeguards, innocent people could be convicted, and public trust in the justice system would erode. Judicial oversight is essential to prevent abuse of power.
Prosecutorial misconduct in federal court is a serious matter that can destroy the fairness of criminal proceedings. Whether it involves withholding evidence, misleading the jury, or targeting defendants unfairly, such behavior violates the Constitution’s guarantee of due process.
While dismissal of charges is rare, courts will grant it when misconduct is egregious enough to compromise the integrity of the system. If you suspect that federal prosecutors have acted improperly in your case, it’s critical to contact an experienced federal criminal defense attorney immediately.
A skilled federal defense lawyer like Karren Kenney can identify misconduct, file the proper motions, and protect your rights — possibly leading to a complete dismissal of the charges. Contact Kenney Legal Defense today for a free case quote if you have been a victim of federal prosecutorial misconduct.
