Can the prosecutors have deported an illegal alien who is a key defense witness in a pending criminal case?

By: Wallin & Klarich

In a recent case, federal prosecutors had deported a critical witness for the defense in a pending felony prosecution.

There was no question that the defense witness was an undocumented alien and could legally be deported. However, the witness had been living in the United States for a substantial period of time. This key witness was only deported after it became known to the prosecution that she was illegal.

The question before the federal court of appeals was whether the prosecutors could legally deport a witness knowing that the defense in the criminal case needed this witness to testify.

The court of appeals said that the prosecutors could not do this.
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They ordered that the key witness be returned to the United States so she could testify on behalf of the defendant.

This decision will send a clear message to government prosecutors that engaging in “dirty tricks” is not the way to attempt to do justice in a criminal case. Prosecutors are held to a high standard of obeying the law and to not take steps to try to hinder the defense of a person facing a serious criminal charge.
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At Wallin and Klarich we have been battling prosecutors conduct for over 30 years. We will fight for your rights and we will do all in our power to see to it that your defense is not compromised due to prosecutorial misconduct. Call us now at 888-280-6839 to know your rights. Visit us at

Posted In: Felony Offenses