By Collin County Criminal Defense Lawyer Jeremy Rosenthal
A prosecutor has a statutory duty to seek justice. Unfortunately, the prosecutor — not you — is the one who gets to define what that means.
Texas Code of Criminal Procedure Section 2.01 says in relevent part, “It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.”
This statute is a crucial safeguard in the criminal justice system which should not be diminished nor ignored. This provision is highly subjective and can be very frustrating… as a defendant’s remedy for the prosecutor’s breach of this duty may not equal the great harm the prosecutor has inflicted.
The main frustration in the everyday practice of criminal defense law is that…
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