How Prosecutorial Misconduct Can Lead to Post-Conviction Relief

 Posted on December 08, 2025 in Criminal Defense

Prosecutorial misconduct refers to actions by a prosecutor that interfere with a defendant’s right to a fair trial. Post-conviction relief allows you to ask the court to review your case and correct serious legal errors. If you have questions about how the prosecutor in your criminal case conducted themselves, our North Bethesda, MD post-conviction relief lawyers can explain your options.

What Is Prosecutorial Misconduct in Maryland?

Prosecutorial misconduct occurs when a prosecutor does something that goes against legal or ethical rules during a criminal case. A prosecutor’s role is to present evidence and seek justice while protecting the rights of the accused. Under Maryland Rule 19-303.8, prosecutors have a duty to share evidence that may help the defense, avoid misleading statements, and make sure that every defendant receives a fair process.

They can make mistakes, and not every error is considered misconduct. Sometimes, mistakes happen in court that do not affect the overall fairness of the trial. Misconduct usually refers to actions that have a direct impact on the outcome of a case or violate a person’s constitutional rights.

Common Examples of Prosecutorial Misconduct

There are several ways misconduct can appear during a criminal case. Some examples include:

• Withholding or delaying evidence that could help the defense, which is known as a Brady violation

• Allowing false or misleading statements to be presented in court

• Making comments that appeal to emotions instead of facts

• Treating potential jurors unfairly during jury selection

• Pressuring or discouraging witnesses from giving honest testimony

These actions can make it harder for the jury to evaluate the case fairly. For example, if they withhold helpful evidence, the defense may not be able to present the full story. Each case is unique, and a lawyer can review the trial record to see whether these types of problems occurred in your case.

Maryland law gives you the right to request a review if your trial may have been affected by these issues. For example, under Md. Code, Criminal Procedure § 7-102, you may seek post-conviction relief if your constitutional rights were violated during the trial process. If new information comes to light or if there are concerns about how the case was handled, the court can hold a hearing to review the evidence.

Can You Challenge a Conviction Based on Prosecutorial Misconduct?

You can file a petition for post-conviction relief in the circuit court where you were convicted. According to Md. Code, Criminal Procedure § 7-103(b), you have 10 years from the date the sentence was imposed to do it.

During this process, the court reviews the evidence and decides whether the prosecutor’s conduct affected the fairness of the trial. If the court finds that it did, it can grant several types of relief. This might include ordering a new trial or reducing a sentence.

An attorney can help identify possible issues, gather documents, and explain what legal steps are available. The purpose of post-conviction relief is not to assign blame but to make sure justice is served fairly. 

Contact a Rockville, MD Post-Conviction Relief Attorney

At Salvado Law Offices, our team is committed to approaching every case with care, attention, and diligence. When handling claims involving prosecutorial misconduct, we take a thorough and respectful approach, carefully examining each detail to ensure that your rights were fully protected throughout the legal process. Call 301-933-1814 to schedule a consultation with our experienced North Bethesda, MD post-conviction relief lawyers. Se habla Español.