When a prosecutor from the S.S. District Attorney's Office is called to testify in response to an allegation of sexual assault made against him by his wife, what is the appropriate way to address the allegation?

California, United States of America


The following excerpt is from People v. Preciado, B244918 (Cal. App. 2014):

to testify in response to wife's accusations, a sound approach was, as the court suggested, to have a colleague from the prosecutor's office represent the People while the trial prosecutor was on the witness stand. (Accord, People v. Cannedy (2009) 176 Cal.App.4th 1474, 1487 [recusal of entire district attorney's office not required merely because employee of the office is a potential witness].) Be that as it may, defense counsel did not accept the court's suggestion and the prosecutor was not called to testify. This belied appellant's assertion that the case hinged on a credibility contest between the wife's accusation of coercion and the prosecutor's denial.

Other Questions


Can a district attorney request a motion to recuse the office of the District Attorney's Office from prosecution of a charge of sexual assault based on race, religion or other arbitrary classification? (California, United States of America)
How have courts dealt with allegations of sexual assault against a police officer who sexually assaulted a female passenger while carrying out a traffic stop? (California, United States of America)
Can a prosecutor be disqualified from the office of the District Attorney's Office for allegedly overcharging? (California, United States of America)
Is the size of the district attorney's office irrelevant when the office has more than 1,000 deputy district attorneys? (California, United States of America)
What is the state of the law in relation to allegations of sexual harassment in the context of an alleged sexual assault on a minor? (California, United States of America)
Does a District Attorney have any obligation to provide an alibi for an alleged sexual assault victim? (California, United States of America)
How have courts treated allegations of sexual assault in sexual assault cases? (California, United States of America)
What is the test for establishing that the date of an alleged sexual assault occurred prior to the effective date of the sexual assault statute? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.