QUESTION
What legal actions can be taken against the prosecutor for this brazen abuse of power?
Asked on Feb 11th, 2012 on Criminal Law - Minnesota
More details to this question:
In a felony drug case, in which all the evidence had been suppressed, the prosecution continues with the threat of pursuit of penalty of 33 months in prison if refuses to accept their plea agreement. The public defender on the case was also encouraging of him to plead guilty at this point. Out of great fear the defendant absconded when they recessed for lunch. How should he proceed to address the court in this matter and what legal actions can be taken against the prosecutor for this brazen abuse of power for use of extortion techniques to gain wrongful conviction and imprisonment with no regard for justice?
1 ANSWER
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If I understand this correctly, your friend's lawyer advised him to plead guilty and in the middle of the trial the defendant fled? He was offered a deal, but refused it? This isn't abuse of discretion that's what Prosecutors do. They offer you a deal that is better than what you could expect if found guilty. Rarely, VERY rarely do they outright dismiss a case. If your friend didn't like the plea bargain then he has the right to a jury trial. But fleeing during the middle of a jury trial pretty much ends any discussion of abuse of power and any discussion of the innocence of the defendant. Have your friend turn himself in, work with his Public Defender and see what can be done. Good luck.
Answered on Feb 24th, 2012 at 8:55 AM