How Common Is Misconduct by Prosecutors in Federal Criminal Cases?

 Posted on June 05, 2025 in Criminal Defense

At every level of the criminal justice system, defendants are likely to feel that they are at a disadvantage. The government has extensive resources that may be used to arrest people, charge them with crimes, and prosecute them with the intent of securing convictions. In some cases, defendants face prosecutorial misconduct in which prosecutors behave unethically or violate people’s rights. This is an especially significant concern in federal criminal cases.

Because of the potential for misconduct by prosecutors, anyone who has been charged with a federal crime will need a strong defense attorney on their side. A lawyer who has experience defending clients in federal courts and standing up to the tactics used by prosecutors or other government officials can make sure a defendant’s rights will be protected at all times while fighting to prevent a conviction.

Unethical Practices Used by Federal Prosecutors

While prosecutorial misconduct can occur in any criminal case, it has become an area of concern in federal courts. Federal prosecutors have a great deal of power and extensive resources, and they are likely to use tactics meant to secure convictions at all costs. To make matters worse, they are shielded from accountability through absolute immunity in civil claims by defendants who have suffered harm due to misconduct. With few consequences for engaging in misconduct, prosecutors are more likely to behave unethically and violate people’s rights.

One of the most common forms of misconduct involves withholding evidence from defendants. A 1963 Supreme Court ruling in the case of Brady v. Maryland requires prosecutors to turn over evidence that may show that a defendant is innocent. Failure to do so is known as a "Brady violation," which is an ongoing concern in federal criminal cases. Studies have found that these types of violations are common, and when prosecutors withhold evidence, defendants may be wrongfully convicted.

The use of plea bargaining is another area where prosecutors use unethical tactics in order to secure convictions. To avoid taking cases to trial, prosecutors will often attempt to coerce defendants into pleading guilty. They do so by leveraging what is known as the "trial penalty," which refers to the fact that if a case goes to trial, and a defendant is convicted, they will usually face a harsher sentence than if they had agreed to a plea bargain. Around 98 percent of federal criminal cases conclude through plea bargains. These practices rob defendants of their right to due process, and many people are forced to face harsh penalties and are left with permanent criminal records because they believed they had no other choice but to accept plea bargains.

Contact Our Connecticut Federal Criminal Defense Lawyers

To stand up to prosecutorial misconduct in federal criminal cases, defendants will need to make sure they have representation from an attorney who can counter these tactics. At Woolf & Ross Law Firm, LLC, our Hartford federal criminal defense attorneys can provide the legal help needed during these cases. We will fight to protect our clients’ rights and help them resolve their cases successfully. To learn more about our criminal defense services and the ways we can help clients who are facing federal charges, contact us at 860-290-8690 and arrange a free consultation.