Are prosecution lawyers allowed to intimidate/coerce a potential witness?

Question

For example: Let's say an individual is not a key witness, knows nothing about the crime committed by the person being prosecuted, only spent time with them and have seen their handwriting. When the person asks to be allowed to submit a sworn statement to avoid going to the trial, the prosecution attorney says "You will go to the trial if you know what is best for you." and " If you don't want any trouble, you will attend the trial." I was scared, so I went to the trial.

Is this allowed? I submitted a complaint against this prosecutor, but now I am afraid. I mean, if he threatened me then, won't he be pissed now that I complained against him and wrote a sworn statement to the state bar about his conduct?

Answer 1

I'm going to guess this is all a case of misinterpretation. Anyone may be called as a witness in a criminal proceeding, it is not necessary that he/she witness the actual crime. A witness may not simply ask to be excluded. Generally witnesses are asked to attend voluntarily (without being required), if they will not do so the prosecutor will then be required to seek a subpoena to mandate the person's attendance at the trial. A person who ignores a subpoena may be put in jail for his/her non-compliance. I would assume that his statements to you were to suggest that it is easier if you would attend voluntarily and not violate a subpoena which could have legal ramifications for you. Yes, prosecutors are allowed to subpoena witnesses and allowed to tell them to attend the trial. Many, many people are called as witnesses who do not wish to be called.

Unless there is more to this than you have written I can't see that the prosecutor threatened you at all. It is a huge jump to go from him suggesting you attend the trial to avoid potential jail time to suggesting that he will cause you physical harm. Not to burst your bubble, but unless there is more I wouldn't expect much action from the bar commissioners on this issue.

Answer 2

Absolutely not!!! in the case yiu have described this is clearly not the government trying the cases proper ethical behavior. when the state prepares it's witness list, they're will be those who do not want to voluntarily testify; therefore the states prosecutor nust draw up subpoenas in order to asure that the witness who clearly does not want to testify by a subpoenas must be ruled by a judge then the witness must testify under order of the court. a prosector like in your case is posing threats, coersion and abuse of his powers as an officer of the court.remember; these four important words when a bully like him or police try to set thier ow