If you have come up against the criminal justice system in New Jersey, you may feel that you have been treated unfairly. Although the system is meant to ensure fairness and justice for all, this is not always the case. What happens when you have been wrongly accused of a crime in New Jersey and feel that the prosecutors have acted unethically to bring about a guilty verdict? Or even if you have been found innocent, you have lost time, money, and your reputation in the process of fighting for your freedom. The question then arises: Can you sue a prosecutor in the state of New Jersey?
Being charged with a crime can have a significant impact on your life, even if you are found innocent or the charges are dismissed. You could end up with a tarnished reputation, rejected by friends, family, or coworkers. In some cases, you could lose your job or professional license during the course of your case, and that doesn’t even take into consideration the money spent related to your case and the time spent fighting or even wrongfully spent in jail. Clients often wonder if they can sue a prosecutor for financial reparation for their case. After all, if you are found innocent, there should be justice for the upheaval your case has had on your life. Unfortunately, it can be very difficult to successfully sue a prosecutor in the state of New Jersey. It can be done but only under special circumstances.
Why Is It Difficult To Sue A Prosecutor For Wrongful Conviction?
If you are charged with a crime, it is the job of the prosecutor to do all that they can to find you guilty to support the decision of law enforcement to arrest you in the first place. Because this is their role, prosecutors are protected by the concept of prosecutorial immunity. Prosecutors are granted absolute immunity from civil lawsuits for actions taken as advocates in the courtroom, within reason. This level of immunity is designed to help prosecutors fulfill their role in the criminal justice system to the best of their ability by removing the threat or fear of facing legal consequences for the actions they take in the course of investigating and arguing their case. This immunity is the main reason it is so difficult to successfully sue a prosecutor in New Jersey after you have been found innocent in a criminal case, or if you end up having your conviction overturned. They are able to hide behind significant legal protection and are not as vulnerable as the average individual would be to a defamation suit or criminal charges.
Are There Any Exceptions to Prosecutor Immunity?
It can be difficult to sue a prosecutor because of prosecutorial immunity, but it is not impossible. There are times when prosecutors or law enforcement have grossly overstepped what would be considered acceptable legal behavior. In these instances these people should be taken to task, and it is possible to go after legal recourse. Prosecutorial immunity may not cover certain administrative or investigative actions taken that do not relate directly to the courtroom proceedings. There are instances, although rare, where a prosecutor has engaged in conduct that is not an integral part of the judicial process, leaving them vulnerable to legal action.
A prosecutor may also be found legally liable if it can be established that they have engaged in conduct that is malicious, intentional, or involves a clear violation of established legal and ethical standards. In these cases then the immunity is no longer valid, and legal action could be pursued.
How To Prove Prosecutorial Misconduct
To successfully sue a prosecutor will require demonstrating very clear misconduct on their part. There are a number of actions which could be considered misconduct including:
- Withholding evidence which could clear the defendant
- Tampering with witnesses
- Making false statements to the court
- Violating the defendant’s constitutional rights
It can be challenging to prove misconduct on the part of a prosecutor since the legal threshold is very high, and the burden of proof rests on the plaintiff. The court will typically assess whether the prosecutor’s actions were objectively unreasonable or malicious, and whether they directly resulted in harm to the defendant.
Steps to Take When Trying To Sue A Prosecutor in New Jersey
If you do feel that you have been maliciously targeted by a prosecutor and that the actions they took in your case were unwarranted and crossed the line, there are steps you can take to build a case against them.
- Gather Evidence – You must have clear evidence that shows misconduct on the part of the prosecutor. You will need to collect evidence such as court transcripts, witness statements, and any other documentation that supports your claim of wrongdoing.
- Speak With an Attorney – It is vital that you speak with an experienced attorney if you are looking to sue a prosecutor. A legal professional will be able to assess your case and determine if it has enough merits to move forward with.
- File a Complaint – To begin legal action against a prosecutor, you will need to file a complaint against them. The complaint should clearly outline the alleged misconduct, provide supporting evidence, and specify the damages incurred as a result.
- Court Proceedings – You will then go to court to argue your case against the prosecutor in front of a judge. The prosecutor will also present their side of the argument. The judge will assess the evidence and determine if your case is valid and what sort of reparation will be given as a result.
What To Consider When Planning To Sue A Prosecutor in New Jersey
Being involved in a criminal case, even one that ends with a positive outcome, can leave you feeling wronged and looking for somewhere to place blame and to seek out justice. There are many complexities and challenges when it comes to going down the road of suing a prosecutor. The burden of proving wrongdoing is high to get over the barrier of the immunity they are protected by, and the legal process can take a long time. It is important to weigh the potential benefits against the risks and whether it might be more prudent to try to move forward and put your criminal case behind you. This can be easier to do when you have an experienced criminal defense attorney doing all they can to minimize the impact the charges have on your life, either getting them dismissed or your sentence reduced.
If you or a loved one have just been arrested or indicted in New Jersey, call us now, day or night, including on weekends. Things happen quickly after an initial arrest. Our attorneys can step in to protect your rights from the very beginning. Contact the Law Offices of Jonathan F. Marshall at any of our nine locations across New Jersey as soon as possible for a free initial consultation. You can contact us online or call 855-450-8301.