Recently, I wrote about the problem of prosecutor misconduct. Now, a case out of Leavenworth prison demonstrates why we need a proactive approach to prosecutorial accountability.
The investigation began when the judge ordered a special master to look into misleading and contradictory statements made by the prosecutors. It came to light that the attorney’s office had received 188 recordings of inmates’ phone calls, 54 of which were marked private. One attorney finally confessed to listening to the private files after months of dodging accountability, and resigned as a result.
In short, yes.
However, inmates are afforded some protection. The Federal Bureau of Prisons releases policies in the form of program statements. Regarding the monitoring of client-attorney calls, the statement reads, “the inmate is afforded the opportunity to place an occasional unmonitored call to his or her attorney.” However, it stipulates that unmonitored calls should be limited to times when in-person meetings are impracticable. If you are being held in jail or prison, if you wish to make a confidential call to your attorney, you should find out the policies for making an unmonitored call at your facility.
Client-attorney privilege allows citizens to speak with their lawyers without fear of self-incrimination. With your attorney, you can speak openly because they cannot be called to testify against you. Additionally, the duty of confidentiality means we are legally obligated to keep private conversations with clients confidential. In fact, with some exceptions, we’re not even allowed to tell your secrets after you’re dead.
Many defense attorneys consider the widespread practice of recording client-attorney phone calls to be a violation this privilege, and of the Sixth Amendment, which gives citizens a right to effective counsel when accused of a crime. While ongoing debate addresses the issue of recording these conversations, there is no doubt that releasing private conversations for prosecutors to listen to violates these rights.
In the Leavenworth case, the remorse and resignation of one attorney does not resolve the office’s lack of transparency. Events like this hurt the public’s trust in our criminal justice system. Defense attorneys can cry foul, judges can call foul, but prosecutors aren’t benched or banned from the league, so to speak, with any kind of consistency. An experienced defense attorney who has built relationships with judges and prosecutors is well positioned to ensure compliance with the laws that protect defendants’ rights.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.
A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
