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Attorney Wayne
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Experience:  Practicing law since 2000.
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What agencies of authority other than the Alabama Bar association

Resolved Question:

What agencies of authority other than the Alabama Bar association would help in a valid complaint of blatant proscecutorial misconduct that occured in Alabama?

I don't want to rush you, but why is it taking so long for your response?

Submitted: 1 year ago.
Category: Legal
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Welcome back,

Thank you for your new question. I was not on line when you posted. I am just now coming online.

The Alabama Bar Association would typically be the highest agency to investigate an ethical complaint. If the presumptive unethical behavior rises to the level for criminal action, it would be the decision of the prosecutor's office whether to file charges

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 1 year ago.

Thank you for your response, but it gives me pause. It seems that you may have not given my questions a pensive approach. To me, your answer appeared to be rather non specific, ( not below average), and really did not convey to me anything that I did not already know. It is my understanding that this might be a time when you are pressed to follow strick time guidelines.

Expert:  FiveStarLaw replied 1 year ago.
Hi William,

I am going to opt out without charge to you as I have nothing more to add. Perhaps another expert will have more information.

Best regards
Expert:  Attorney Wayne replied 1 year ago.

PLEASE DO NOT use the rating system until satisfied. Instead, please click CONTINUE CONVERSATION for more info.

Let me see if I can offer additional information on other approaches. The previous expert is correct that disciplinary proceedings before the state bar might be appropriate. Indeed, if the prosecutor in question lied during the bar discipline investigation or hearing, that is a new act that could be cause for a new complaint focused solely on those lies made in the prior misconduct hearing. In brief, a new complaint focusing on the second set of lies is one possible response.

Evidence is, of course, key here. One can help a case greatly by doing the legwork to provide hard evidence, rather than simply rely on the disciplinary board to research a complaint. The more hard evidence provided, the less chance a board can simply do a perfunctory processing and dismiss.

Another place to seek justice is in the court where the original prosecutorial misconduct took place. It is possible to alert the judge of possible lawyer misconduct. While judges are apt to give prosecutors a good deal of leeway, the harder the evidence, the better the chance the misconduct can be sanctioned.

Finally, there are lawsuits possible -- notably under federal civil rights laws. In this instance, civil rights don't mean just anti-discrimination and racism based complaints. Civil rights here are broadly construed to mean rights guaranteed by the Constitution or statute. This is not a good field for do-it-yourselfers -- as the standards can be quite technical. If the case is strong enough, it may be possible to get representation from such organizations as the American Civil LIberties Union branch in the state or other organizations. Also, if there is strong case, a private lawyer may take it without upfront charge -- instead, getting paid as a percentage of any court judgment or settlement. This is called "on-contingency" representation.

As the case would involve a prosecutor's misconduct, there are likely to be only a small subset of lawyers in an area who are willing to even take the case (since it often means poor relationships with prosecutors in a host of other cases where negotiation trust may help bring about resolution). So it is important to focus on those lawyers in the state that are known to take on prosecutorial misconduct lawsuits for civil rights violations.

I wish you speedy resolution in this matter.

Attorney Wayne, Attorney
Category: Legal
Satisfied Customers: 1506
Experience: Practicing law since 2000.
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