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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23155
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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at the time i was accused of commiting a crime the head county

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at the time i was accused of commiting a crime the head county district attorney witnessed it and i do not think they are going to call her to the stand because she could add nothing that could help the prosecutor and she is the prosecutors boss so if i call her to the stand in my behalf would that constitute a conflict of intrest that would force them to call in a special prosecutor not under the supervison of the head prosecutor that i will be calling as a witness. and then would he have to review the charges and facts of this case to determine if it was to be refiled.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.

Yes if you had to call the DA herself as a defense witness, that would be a conflict of interest and a special prosecutor should be appointed to take on this matter. And yes, your lawyer could then argue that the charges and facts be reviewed and, if the judge disagrees, object and preserve the record for appeal. But just because the prosecutor may not wish to call her doesn't mean that if called to the stand she would be a favorable defense witness either.

This is nothing you should handle pro se.
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