Can a prosecutor be disqualified from the office of the District Attorney's Office for allegedly overcharging?

California, United States of America


The following excerpt is from People v. Arevalos, D061398 (Cal. App. 2013):

Even were it established the district attorney's office took a harder line in this case, that does not justify disqualification. In People v. Parmar, supra, 86 Cal.App.4th at page 809, the court held that a prosecutor's conduct in pursuit of his or her duties, even if erroneous, does not support disqualification. The trial court here echoed this sentiment. (See also Hambarian v. Superior Court, supra, 27 Cal.4th at p. 843 [prosecutors " 'are necessarily permitted to be zealous in their enforcement of the law' "].) The purported overcharging by the district attorney's office was not raised before the trial court and we decline to consider it.

Other Questions


Is the size of the district attorney's office irrelevant when the office has more than 1,000 deputy district attorneys? (California, United States of America)
When a prosecutor from the S.S. District Attorney's Office is called to testify in response to an allegation of sexual assault made against him by his wife, what is the appropriate way to address the allegation? (California, United States of America)
Can a district attorney request a motion to recuse the office of the District Attorney's Office from prosecution of a charge of sexual assault based on race, religion or other arbitrary classification? (California, United States of America)
When a minor alleges misconduct by a district attorney during a hearing, does the minor have to prove that the district attorney's comments to the minor constitute misconduct? (California, United States of America)
Is there any case law where a defendant's trial counsel was incompetent for not arguing at trial that the prosecutor's decision to seek the death penalty was based on a lack of guidelines in the district attorney's office? (California, United States of America)
Is a district attorney immune from prosecution if a press release by the district attorney gives him immunity under the facts? (California, United States of America)
What is the impact of the marriage of a deputy district attorney in the prosecuting attorney's office on a motion for a new trial? (California, United States of America)
Can a district attorney seek discovery of the peace officer personnel records of a criminal defendant who was not a police officer at the time of the crime? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.