Can police be challenged in acting as prosecuting attorneys in traffic cases in California?
Tuesday, January 22nd, 2008 at
12:39 pm
ako9 asked:
Read that someone challenged this but Court of Appeals decided that it can. EAre there exceptions when cops can be excluded from acting Acomplia as prosecuting attorneys? Case reference?
Read that someone challenged this but Court of Appeals decided that it can. EAre there exceptions when cops can be excluded from acting Acomplia as prosecuting attorneys? Case reference?


I don’t know of anything saying a policeman can act as a prosecuting attorney, and I would believe that would constitute practicing law without a license. However, a traffic case can be handled without a prosecuting attorney being present in court. In that case the judge or hearing officer calls and questions the witnesses, which is permissible if the judge does so in an unbiased manner. People v. Carlucci (1979) 23 Cal.3d 249.