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Prosecutor liking and commenting on my personal facebook, is this misconduct? Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by BWbrown, Jan 11, 2019.

  1. BWbrown

    BWbrown Law Topic Starter New Member

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    Jurisdiction:
    Ohio
    I have an ongoing case. I'm not sure if the details of the arrest or any of that matter, but if they do I can answer any questions to help and to get a better understanding. I posted a picture of my son on vacation. The prosecutor for my case liked and commented on the post. Will attach a picture of the comment circled. Isn't this misconduct? Would like some advice on what to do with this during or before court. ai65.tinypic.com_zl27mf.jpg
     
  2. mightymoose

    mightymoose Moderator

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    I'd say it is odd, but not necessarily misconduct.
    Apparently you do not have restrictions set on your social media as to who may view your content.
    The argument can be made that the prosecutor had no idea of your identity and was simply remarking on a photo.
     
    leslie82 and Red Kayak like this.
  3. adjusterjack

    adjusterjack Super Moderator

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    It would make sense to ask your defense attorney.
     
  4. BWbrown

    BWbrown Law Topic Starter New Member

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    Thanks for the input but, this is a small town and he knows who I am because he's been a past prosecutor on another case of mine. So with him knowing who I am would that be any type of misconduct?
     
    Last edited: Jan 11, 2019
  5. army judge

    army judge Super Moderator

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    Brings to mind the song by The Police



    Every breath you take
    Every move you make
    Every bond you break
    Every step you take
    I'll be watching you
    Every single day
    Every word you say
    Every game you play
    Every night you stay
    I'll be watching you
    Oh can't you see
    You belong to me
    My poor heart aches
    With every step you take
    Every move you make
    Every vow you break
    Every smile you fake
    Every claim you stake
    I'll be watching you
    Since you've gone I been lost without a trace
    I dream at night I can only see your face
    I look around but it's you I can't replace
    I feel so cold and I long for your embrace
    I keep crying baby, baby, please
    Oh can't you see
    You belong to me
    My poor heart aches
    With every step you take
    Every move you make
    Every vow you break
    Every smile you fake
    Every claim you stake
    I'll be watching you
    Every move you make
    Every step you take
    I'll be watching you
    I'll be watching you
    (Every breath you take, every move you make, every bond you break, every step you take)
    I'll be watching you
    (Every single day, every word you say, every game you play, every night you stay)
    I'll be watching you
    (Every move you make, every vow you break, every smile you fake, every claim you stake)
    I'll be watching you
    (Every single day, every word you say, every game you play, every night you stay)
    I'll be watching you
    (Every breath you take, every move you make, every bond you break, every step you take)
    I'll be watching you
    (Every single day, every word you say, every game you play, every night you stay)
    I'll be watching you
     
    hrforme likes this.
  6. Disabled Vet

    Disabled Vet Well-Known Member

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    Maybe they are saying COOL because of the case. Because you just gave them more information they need.
     
    army judge likes this.
  7. Tax Counsel

    Tax Counsel Well-Known Member

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    There is no misconduct here. Commenting "Cool" on your post does not violate any of your rights. If you have an attorney then the prosecutor cannot contact you directly about anything involving your case; the rules require him to contact your attorney for that instead. But this post has nothing to do with your case so that rule is likely not an issue here. What his post does do is serve as a good reminder to you not to post anything that has anything at all to do with your case on any internet forum. If the prosecutor can see it, he can use it against you.
     
  8. zddoodah

    zddoodah Well-Known Member

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    Why are you "friends" on Facebook with a prosecutor handling a criminal case in which you're the defendant?!

    If you're not "friends," then that means you have your settings such that anyone can review and comment. Regardless of this particular issue, I suggest you change that immediately.

    I suggest you discuss this with your defense attorney. If nothing else it's bad optics for the prosecutor. It's one thing for the prosecutor to be looking at your Facebook. Openly commenting in the way he/she did is an entirely different matter.
     
    hrforme likes this.
  9. E Ry

    E Ry New Member

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    So my attorney directly told me that the prosecutor "thinks I'm operating a major fraud operation" and is "out to get me," and I asked my attorney a moment later if that wasn't misconduct or unfair bias, then his demeanor abruptly changed a noticeable degree and he even went so far as to deny that he had said "he had out it for me." I made out an affidavit documenting this instance and autographed under penalty of perjury and intend on filing this Monday. Can anyone speak to whether or not I could effectively construct that to mean said prosecutor does indeed have an unfair bias that would justify a remedy? If so which? Thank you kindly.
     
  10. mightymoose

    mightymoose Moderator

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    It sounds to me that your do-it-yourself approach to the legal system is not going to go well for you.
    If you are facing criminal charges you need to give legal counsel and trust that person to represent you.
    Otherwise you are wasting time and money.
    No, what you propose will not likely be the last bit effective toward achieving your goal. You have not described any kind of misconduct by anyone.
     
    hrforme likes this.
  11. Dr Isaiah JD Law Student

    Dr Isaiah JD Law Student New Member

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    I personally don't see anything wrong with the prosecutor commenting, on your social media account, as long as he doesn't ask you any personal questions, and does'nt discuss your personal business on social media. Just be careful and always protect your rights.
     
    Last edited: Feb 19, 2022
  12. cbg

    cbg Super Moderator

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    This thread is three years old and it is unlikely that the OP is coming back looking for more answers. Please do not necropost.
     
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