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.
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