Massachusetts Criminal Defense Lawyer Blog

An excellent article in the USA Today illustrates how misconduct on the part of prosecutors threatens the freedom of countless defendants facing criminal charges across the nation.

In one case, an Orlando man was sentenced to prison in 2001 after jurors heard from countless witnesses -- nearly all of them prison inmates -- that he was a violent drug dealer. Instead, prosecutors concealed evidence that would have discredited many of the defendant's accusers. Nor did they reveal that a convict who claimed to have purchased hundreds of pounds of cocaine from the defendant, struggled to identify his picture. Others were offered deals to get out of jail early in exchange for their cooperation.

Inmate testimony is often worthless but that doesn't stop prosecutors from using it in an alarming number of cases. Massachusetts defense attorneys frequently remind clients not to speak to anyone about their case, including fellow inmates, and such testimony is a primary reason why.

USA Today documented 201 cases of prosecutors with the U.S. Justice Department violating laws or ethical rules since a 1997 law passed by Congress aimed at ending such abuses.

"Flagrant" and "outrageous" violations caught by judges have included withholding evidence, lying to judges and juries and breaking plea bargains. In each case reviewed by USA Today, the abuses were so serious that judges often threw out charges or overturned convictions. Hiring an experienced Massachusetts criminal defense lawyer can help ensure you have the best chance of being treated fairly by the system.

And of increasing concern is whether even prosecutors who are caught are facing adequate punishment. Despite some 50 investigations per year by the Justice Department, the USAToday found only 1 attorney who was barred even temporarily from the practice of law.

Such cases even affect the powerful. Former Alaskan Senator Ted Stevens was convicted in a trial where the justice department later admitted that prosecutors hid evidence.