Police officers and prosecutors are both technically agents of the state. They represent the government and have to follow the law. Not only do they need to avoid criminal activity, but they must also avoid violating the civil rights of individuals.
Sometimes, police officers and prosecutors make mistakes when developing a criminal case that may have implications for the defendant. In many cases, a criminal defense attorney may be able to use the mistakes made by police officers or prosecutors when responding to pending criminal charges. The following are some of the most common prosecutorial mistakes that can arise during a criminal case.
Police officers can violate people’s rights
Mistakes by law enforcement professionals often involve civil rights violations. They may use excessive force when attempting to take someone into state custody. They may conduct illegal searches. They might even fail to offer a Miranda warning before questioning a suspect.
Any of those mistakes could affect a defendant’s options when responding to charges. Their lawyer could use the exclusionary rule to ask the courts to eliminate evidence gained through illegal questioning or improper searches. They may also grounds to file a lawsuit in cases involving wrongful arrest or excessive force.
Either party can improperly handle evidence
Both police officers and prosecutors can make mistakes when it comes to evidence. Failing to maintain chain of custody records, violating best practices for scientific analysis and relying on junk science are all examples of mistakes that police officers and prosecutors could make when collecting or evaluating evidence. Those errors could then undermine how useful or convincing the state’s evidence is if the case goes to trial.
Prosecutors may overcharge a defendant
It is standard for criminal prosecutors to bring the harshest charges they can justify or multiple charges for a single criminal incident. Doing so helps keep conviction rates high by intimidating defendants into entering guilty pleas. Sometimes, prosecutors pursue charges that the evidence does not justify, which can then lead to the court dismissing the charges against the defendant.
They rely on the wrong witnesses
Jailhouse informants and confidential informants have long been important resources for police officers and prosecutors. However, they are not always reliable sources of information and testimony. They may retract statements they previously made or contradict themselves when testifying. Their personal incentive for cooperating with the state could also undermine their credibility in court.
There are countless small mistakes that police officers are prosecutors could make that might affect their likelihood of winning at a criminal trial. Partnering with a criminal defense attorney can help people identify when state agents have made mistakes and leverage those errors as part of a broader criminal defense strategy.