Is it unethical to contact the prosecutor onyour case?

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Is it unethical to contact the prosecutor onyour case?

I have been offered a Class A misdemeanor for shoplifting, along with 1 year probation, attending a class, monthly meetings with a counselor, and paying court fees. I feel my attorney has not done everything he could. Is it going against protocol to contact the prosecutor on my own behalf?

Asked on August 10, 2010 under Criminal Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The Prosecutor will not and can not speak with you while you have an attorney in the case unless you discharge (fire) the attorney or you waive your rights (and that would have to be in front of witnesses and your attorney).  Otherwise the Prosecutor could be charged with "Prosecutorial misconduct" and be sanctioned or lose their license to practice law.  No attorney is going to put themselves in that position.  If you feel that your attorney has not represented you in the best possible way fire him or her and get another.  You have a right to effective counsel.  But believe me it is not as easy as it looks.  Good luck.


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