Wrongful prosecution in Philadelphia occurs when individuals are charged and prosecuted for crimes they did not commit due to police misconduct, prosecutorial errors, false evidence, or systemic failures in the criminal justice system. This injustice can result from mistaken eyewitness identification, coerced confessions, fabricated evidence, or prosecutors withholding exculpatory information. Victims of wrongful prosecution face devastating consequences including imprisonment, reputational damage, financial ruin, and emotional trauma. DiDonato & Burke Law Firm’s former prosecutors Thomas F. Burke and Dawn DiDonato-Burke understand both sides of the Philadelphia criminal justice system, using their insider knowledge to identify wrongful prosecution patterns, challenge flawed evidence, and pursue both criminal defense remedies and civil rights compensation for victims throughout Philadelphia and Bucks County.
Table of Contents
- What Is Wrongful Prosecution in Philadelphia?
- Common Causes of Wrongful Prosecution
- Warning Signs You May Be Wrongfully Prosecuted
- How Wrongful Prosecutions Happen in Philadelphia
- Legal Remedies for Wrongful Prosecution Victims
- Fighting Back: Defense Strategies That Work
- Philadelphia Legal Considerations and Conviction Integrity Unit
- Frequently Asked Questions
- Expert Tips from Former Prosecutors
- Talk to a Criminal Defense Lawyer
What Is Wrongful Prosecution in Philadelphia?
Wrongful prosecution in Philadelphia refers to criminal charges brought against innocent individuals due to errors, misconduct, or systemic failures in the investigation and charging process. Unlike wrongful conviction (which occurs after trial), wrongful prosecution encompasses the entire process from initial charges through trial, including cases dismissed before conviction.
Wrongful prosecution differs from cases where defendants are acquitted on reasonable doubt. In wrongful prosecutions, the charged individual is factually innocent—they did not commit the alleged crime. The prosecution proceeds despite evidence of innocence, often because exculpatory information is ignored, suppressed, or never properly investigated.
Philadelphia has witnessed numerous high-profile wrongful prosecution cases over the decades, including cases involving the now-disbanded Philadelphia Police Department’s corrupt officers and problematic investigation techniques. The Philadelphia District Attorney’s Office established a Conviction Integrity Unit specifically to address these injustices, acknowledging the city’s history of wrongful prosecutions.
Wrongful prosecution causes profound harm beyond legal consequences. Innocent defendants face arrest trauma, jail time before trial, bail costs, legal expenses, employment loss, family separation, and community stigma. Even when charges are eventually dismissed, victims bear lasting financial, emotional, and reputational damage.
Former Philadelphia prosecutor Thomas F. Burke explains that wrongful prosecutions often result from tunnel vision—when investigators and prosecutors become convinced of a suspect’s guilt early in the investigation and interpret all subsequent evidence through that lens, ignoring contradictory information.
The burden of proof lies with prosecutors, who must prove guilt beyond reasonable doubt. However, wrongful prosecutions proceed when this standard is compromised by misconduct, errors, or inadequate investigation. Understanding how these failures occur is essential for identifying and challenging wrongful prosecutions.
DiDonato & Burke Law Firm’s former prosecutor experience provides unique insight into how wrongful prosecutions develop within the Philadelphia criminal justice system. Dawn DiDonato-Burke’s nine years as an Assistant Prosecutor helps identify the warning signs that distinguish wrongful prosecutions from legitimate cases, enabling aggressive defense strategies and civil remedies.
Common Causes of Wrongful Prosecution
Wrongful prosecutions in Philadelphia stem from multiple sources, often involving combinations of errors and misconduct that compound throughout the investigation and charging process. Understanding these causes helps identify when wrongful prosecution may be occurring.
Mistaken Eyewitness Identification Eyewitness misidentification is the leading cause of wrongful prosecutions nationwide, and Philadelphia is no exception. Studies show that eyewitness memory is far less reliable than commonly believed, affected by stress, weapon focus, cross-racial identification difficulties, and suggestive identification procedures.
Philadelphia police lineups and photo arrays sometimes use suggestive procedures that lead witnesses to identify innocent suspects. This includes showing suspects multiple times, providing verbal or nonverbal cues about who police suspect, or conducting sequential identifications that encourage witnesses to select someone even when uncertain.
Former prosecutor Thomas F. Burke notes that Philadelphia detectives sometimes fail to follow best practices for eyewitness identification, including double-blind lineup administration and proper documentation of witness confidence levels at the time of identification.
False Confessions and Coerced Statements Innocent people confess to crimes they didn’t commit more often than most realize, particularly after prolonged interrogation, sleep deprivation, threats, or promises of leniency. Philadelphia police interrogation rooms have been sites of numerous false confessions, especially involving juveniles, individuals with intellectual disabilities, or those experiencing mental health crises.
Coercive interrogation techniques include lying about evidence, minimizing offense severity, suggesting that confession will result in release, or conducting marathon interrogation sessions lasting many hours. These tactics can overcome innocent suspects’ resistance, leading to false admissions.
Prosecutorial Misconduct Prosecutors have immense power in the criminal justice system, and when that power is misused, wrongful prosecutions result. Common forms of prosecutorial misconduct include withholding exculpatory evidence (Brady violations), presenting testimony they know is false, making improper arguments to grand juries, and failing to correct perjured testimony.
Dawn DiDonato-Burke’s prosecution experience provides insight into how prosecutorial errors occur. Sometimes misconduct is intentional, but often it results from excessive caseloads, inadequate investigation resources, or institutional pressure to maintain conviction rates.
Police Misconduct and Fabricated Evidence Philadelphia’s history includes documented cases of police officers planting evidence, fabricating probable cause, and falsifying reports. While most Philadelphia police officers serve honorably, systemic problems have allowed misconduct to contribute to wrongful prosecutions.
This includes testilying (police perjury), evidence tampering, witness intimidation, and failure to document exculpatory information discovered during investigations. The disbanded Philadelphia narcotics unit scandals revealed patterns of misconduct that led to numerous wrongful prosecutions.
Inadequate Defense Representation Some wrongful prosecutions proceed because defendants lack adequate legal representation. Overburdened public defenders, inexperienced private attorneys, or counsel who fail to investigate properly allow wrongful prosecutions to advance when aggressive advocacy might have exposed the injustice earlier.
Jailhouse Informant Testimony Testimony from jailhouse informants claiming defendants confessed to them in custody is notoriously unreliable but frequently used in Philadelphia prosecutions. Informants have strong incentives to fabricate testimony in exchange for sentence reductions or other benefits, yet their claims often go unchallenged.
Flawed Forensic Evidence Outdated or discredited forensic techniques have contributed to wrongful prosecutions in Philadelphia. This includes unreliable bite mark analysis, hair comparison testimony, arson investigation errors, and overstated DNA evidence claims. Philadelphia crime labs have faced scrutiny over quality control and expert testimony reliability.
Systemic Racial Bias Studies consistently show that racial bias affects every stage of the criminal justice system, from initial police contact through charging decisions and trial outcomes. Philadelphia’s African American and Latino communities have been disproportionately affected by wrongful prosecutions, reflecting broader systemic inequalities.
Understanding these causes helps identify when wrongful prosecution may be occurring and provides avenues for challenging flawed cases before they result in wrongful convictions.
Warning Signs You May Be Wrongfully Prosecuted
Recognizing the warning signs of wrongful prosecution early can help you take immediate action to protect your rights and mount an effective defense. Former prosecutors Thomas F. Burke and Dawn DiDonato-Burke identify these red flags based on their experience with Philadelphia criminal cases.
Police Refuse to Investigate Alternative Suspects When Philadelphia police focus exclusively on one suspect while ignoring other viable possibilities, wrongful prosecution may be developing. This tunnel vision leads investigators to interpret all evidence as confirming their initial theory while dismissing contradictory information.
If you know police have information about other potential perpetrators but refuse to investigate those leads, this suggests problematic investigation practices. Experienced counsel can identify these gaps and force broader investigation.
Your Alibi Evidence Is Ignored or Dismissed Strong alibi evidence—proving you were somewhere else when the crime occurred—should result in charge dismissal or non-filing. When prosecutors proceed despite credible alibi evidence, wrongful prosecution is likely. This includes documented work attendance, video footage, witness testimony, or electronic records proving your location.
Former prosecutor Thomas F. Burke explains that legitimate prosecutions thoroughly investigate and rule out alibis. When prosecutors dismiss alibi evidence without proper investigation, it indicates either incompetence or intentional misconduct.
Eyewitness Descriptions Don’t Match You If the original eyewitness descriptions provided to police don’t match your appearance, age, height, weight, or other characteristics, yet you’re charged anyway, wrongful prosecution may be occurring. Police reports sometimes reveal these discrepancies, though they’re often buried in supplemental documents.
Police or Prosecutors Withhold Evidence Discovery violations—when prosecutors fail to provide evidence they’re legally required to disclose—often indicate wrongful prosecution. This includes exculpatory evidence, witness statements contradicting the prosecution theory, or forensic results that don’t support charges.
Brady violations (named after Brady v. Maryland) require prosecutors to disclose all evidence favorable to defendants. When this obligation is violated, wrongful prosecution is often at play. DiDonato & Burke Law Firm’s former prosecutor experience helps identify and challenge these violations aggressively.
Witnesses Recant or Change Their Stories When prosecution witnesses recant their testimony or significantly change their stories, it often indicates that original statements were unreliable, coerced, or fabricated. Pay attention to witnesses who seem coached, who provide details that seem rehearsed, or whose testimony contradicts their initial statements to police.
You’re Pressured to Accept Plea Deals Despite Innocence Prosecutors sometimes pressure innocent defendants to plead guilty by threatening excessive sentences if they proceed to trial (trial penalty). While plea negotiations are normal, extreme pressure tactics suggesting you should plead guilty to crimes you didn’t commit indicate wrongful prosecution.
Dawn DiDonato-Burke notes that prosecutors in legitimate cases are typically willing to consider evidence of innocence rather than simply pushing for any conviction. Refusal to consider exculpatory evidence suggests problematic prosecution motivations.
Forensic Evidence Is Questionable or Misrepresented When forensic evidence seems overstated, based on discredited techniques, or presented more definitively than science supports, wrongful prosecution may be occurring. This includes absolute claims about evidence that actually has limitations or error rates.
You’re Charged Based Primarily on Informant Testimony Cases built heavily on jailhouse informant testimony or paid cooperators should raise red flags. These witnesses have strong incentives to fabricate testimony and their claims often lack corroboration. Philadelphia has seen numerous cases where informant testimony later proved false.
Police Reports Contain Obvious Errors or Inconsistencies When police reports contain factual errors, timeline inconsistencies, or contradictions between different officers’ accounts, the investigation’s reliability is questionable. These errors may indicate sloppy investigation or intentional fabrication.
You Were Identified Through Suggestive Procedures If you were identified through show-ups (one-person identifications), suggestive photo arrays where you’re the only person matching the description, or lineups where you appeared multiple times, the identification’s reliability is questionable and may support wrongful prosecution.
Recognizing these warning signs allows you to immediately contact experienced counsel like DiDonato & Burke Law Firm, whose former prosecutor perspective helps identify wrongful prosecution patterns and develop aggressive defense strategies.
How Wrongful Prosecutions Happen in Philadelphia
Understanding how wrongful prosecutions develop within Philadelphia’s criminal justice system helps identify opportunities to intervene and prevent injustice. Former prosecutors Thomas F. Burke and Dawn DiDonato-Burke explain the typical progression from flawed investigation to wrongful charges.
Initial Investigation Failures Wrongful prosecutions often begin with inadequate initial investigations. Philadelphia Police Department detectives sometimes face pressure to close cases quickly, leading to rushed investigations that miss crucial evidence or fail to pursue alternative suspects. High caseloads and resource limitations contribute to these shortcuts.
When violent crimes occur in Philadelphia neighborhoods, community pressure for arrests can lead to premature charging decisions before investigations are complete. Former prosecutor Thomas F. Burke notes that supervisors sometimes push for charges to demonstrate progress, even when evidence remains thin.
Tunnel Vision Development Once investigators focus on a particular suspect, confirmation bias affects how they interpret subsequent evidence. Information supporting guilt is emphasized while exculpatory information is minimized or ignored. This tunnel vision becomes self-reinforcing as more resources are invested in building the case against the identified suspect.
Philadelphia homicide investigations sometimes suffer from this problem, particularly in high-profile cases where public pressure demands results. Detectives become emotionally invested in their theory of the case, making it difficult to objectively evaluate contradictory evidence.
Witness Contamination Philadelphia police sometimes conduct witness interviews in ways that contaminate memory and create unreliable identifications. This includes showing witnesses photos of suspects before lineups, discussing the case between witnesses, or providing information that influences how witnesses remember events.
Former prosecutor Dawn DiDonato-Burke explains that proper witness handling requires careful isolation and unbiased procedures, but these protocols are sometimes violated, intentionally or through negligence. Once witnesses are contaminated, their testimony becomes unreliable but still forms the basis for prosecution.
Pressure from Philadelphia District Attorney’s Office While most Philadelphia prosecutors pursue justice honorably, systemic pressures can contribute to wrongful prosecutions. These include performance metrics emphasizing conviction rates, political pressure in high-profile cases, and insufficient time to thoroughly review case files before charging decisions.
The relationship between police and prosecutors can also create problems. When prosecutors defer too heavily to police recommendations without independent evaluation, flawed investigations proceed to charges without proper scrutiny.
Grand Jury Manipulation Pennsylvania’s grand jury system is supposed to provide independent review of evidence before serious charges are filed. However, Philadelphia grand jury proceedings sometimes involve one-sided presentations where prosecutors present only incriminating evidence without sharing exculpatory information.
Grand jurors rely on prosecutors’ guidance and typically lack the legal expertise to identify investigation flaws. When prosecutors present misleading or incomplete information, grand juries may indict innocent individuals.
Inadequate Preliminary Hearing Review Philadelphia Municipal Court preliminary hearings provide an opportunity to challenge evidence before trial. However, the probable cause standard at this stage is relatively low, and overworked judges sometimes approve cases for trial without thorough scrutiny.
Defense attorneys who fail to aggressively challenge weak evidence at preliminary hearings miss opportunities to expose wrongful prosecutions early. DiDonato & Burke Law Firm’s former prosecutor experience helps identify which cases warrant aggressive preliminary hearing challenges.
Evidence Suppression and Brady Violations Some Philadelphia wrongful prosecutions proceed because prosecutors fail to disclose exculpatory evidence as required by Brady v. Maryland. This includes witness statements contradicting prosecution theories, forensic results excluding defendants, or information suggesting alternative suspects.
Former prosecutors understand what evidence should be disclosed and can identify when prosecutors are withholding information. This insider knowledge helps expose Brady violations before they result in wrongful convictions.
Trial Pressures and Plea Coercion The threat of enhanced sentences if defendants proceed to trial creates pressure to accept plea deals even when innocent. Philadelphia prosecutors sometimes leverage mandatory minimum sentences or stacked charges to coerce guilty pleas, knowing that innocent defendants may plead guilty rather than risk decades of imprisonment.
This trial penalty affects defendants’ ability to vindicate their innocence through jury trials, particularly when they lack resources for effective defense representation.
Understanding these systemic failures helps DiDonato & Burke Law Firm intervene at critical stages to prevent wrongful prosecutions from progressing to conviction.
Legal Remedies for Wrongful Prosecution Victims
Victims of wrongful prosecution in Philadelphia have multiple legal remedies available, both within the criminal justice system and through civil litigation. Understanding these options helps wrongfully prosecuted individuals pursue justice and compensation.
Immediate Criminal Defense Remedies The first priority for anyone facing wrongful prosecution is aggressive criminal defense. This includes filing motions to suppress illegally obtained evidence, challenging witness credibility, presenting alibi and exculpatory evidence, and demanding full discovery of prosecution materials.
DiDonato & Burke Law Firm’s former prosecutor experience provides advantages in identifying weaknesses in prosecution cases that other defense attorneys might miss. Understanding how prosecutors evaluate cases helps develop strategies that expose wrongful prosecutions before trial.
Motion Practice and Evidentiary Challenges Experienced defense counsel can file motions challenging identification procedures, suppressing coerced confessions, excluding unreliable forensic evidence, and demanding disclosure of Brady material. These pretrial motions often result in charge dismissals when wrongful prosecution is demonstrated.
Former prosecutor Thomas F. Burke’s understanding of what constitutes legally sufficient evidence helps identify when prosecution cases fall below constitutional standards. This knowledge translates into effective motion practice that protects wrongfully prosecuted clients.
Post-Conviction Relief For individuals already convicted through wrongful prosecution, Pennsylvania provides post-conviction relief mechanisms including PCRA (Post Conviction Relief Act) petitions. These proceedings allow presentation of newly discovered evidence, claims of ineffective assistance of counsel, and challenges to constitutional violations.
Philadelphia’s Conviction Integrity Unit reviews claims of wrongful conviction and has exonerated numerous individuals. However, these proceedings require experienced counsel who understand both the substantive law and the unit’s internal procedures.
Federal Habeas Corpus After exhausting state remedies, wrongfully convicted individuals can petition federal courts for habeas corpus relief under 28 U.S.C. § 2254. Federal review is limited but provides an independent check on state court proceedings and can result in conviction reversal.
Civil Rights Lawsuits Under 42 U.S.C. § 1983 Wrongful prosecution victims can sue police officers, prosecutors, and municipalities for constitutional violations under federal civil rights law. Section 1983 claims provide monetary damages for rights violations including Fourth Amendment illegal seizure, Fifth Amendment self-incrimination violations, and Fourteenth Amendment due process breaches.
These cases require proving that defendants knew or should have known they were prosecuting an innocent person, overcoming qualified immunity defenses, and demonstrating municipal policies or customs that enabled the wrongful prosecution.
Malicious Prosecution Claims Pennsylvania state law provides malicious prosecution claims requiring proof that prosecution was initiated without probable cause, with malice or improper purpose, and terminated in the plaintiff’s favor. These claims can result in compensatory and punitive damages.
Former prosecutor Dawn DiDonato-Burke’s experience helps evaluate when prosecutors crossed the line from zealous advocacy to malicious prosecution, strengthening civil claims for wrongfully prosecuted clients.
Brady/Giglio Violations and Prosecutorial Misconduct Claims Prosecutors who withhold exculpatory evidence or present testimony they know is false can be sued for constitutional violations. While prosecutors enjoy qualified immunity for many actions, deliberate constitutional violations may overcome these protections.
Recent Supreme Court decisions have somewhat expanded the circumstances under which prosecutors can be held accountable, though these cases remain challenging. DiDonato & Burke Law Firm’s experience helps identify when prosecutorial misconduct rises to the level supporting civil liability.
Compensation for Wrongful Conviction Pennsylvania provides statutory compensation for wrongfully convicted individuals through the Wrongful Conviction Compensation Law. Eligible individuals can receive $50,000 per year of imprisonment, though strict requirements limit who qualifies.
This compensation is available only after official exoneration, not merely charge dismissal. The process requires navigating complex procedural requirements where experienced counsel is essential.
Expungement and Record Clearing Wrongfully prosecuted individuals should pursue complete record expungement to eliminate arrest and charge records. Pennsylvania law provides mechanisms for expunging charges that don’t result in conviction, though navigating these procedures requires legal expertise.
Former prosecutor experience helps expedite expungement processes by understanding prosecutors’ perspectives and potential objections, increasing the likelihood of successful record clearing.
Employment and Housing Remedies Wrongful prosecution victims often face collateral consequences including employment discrimination and housing denials based on arrest records. Legal remedies include discrimination claims under fair housing and employment laws, though these cases require proving that arrest records were improperly used.
DiDonato & Burke Law Firm provides comprehensive representation addressing all aspects of wrongful prosecution’s impact, from criminal defense through civil remedies and collateral consequence mitigation.
Fighting Back: Defense Strategies That Work
Successfully fighting wrongful prosecution requires aggressive, strategic defense that challenges every aspect of the prosecution’s case. Former prosecutors Thomas F. Burke and Dawn DiDonato-Burke share proven defense strategies that work in Philadelphia courts.
Immediate Investigation and Evidence Preservation The moment wrongful prosecution is suspected, immediate independent investigation is critical. This includes identifying and interviewing witnesses before memories fade, obtaining video surveillance before it’s erased, collecting alibi evidence, and documenting all exculpatory information.
Former prosecutor Thomas F. Burke emphasizes that defense investigations should be as thorough as police investigations should have been. Private investigators with law enforcement backgrounds can uncover evidence police overlooked or ignored during their tunnel-vision investigation.
Aggressive Discovery Practice Demanding comprehensive discovery early and often helps expose wrongful prosecution. This includes all police reports, witness statements, forensic evidence, surveillance footage, dispatch recordings, and any exculpatory information that might exist.
Former prosecutors know what evidence should exist in properly conducted investigations. When prosecutors cannot produce expected documentation, it suggests investigation flaws or evidence suppression. DiDonato & Burke Law Firm aggressively pursues all discovery to which clients are entitled.
Challenging Eyewitness Identification When wrongful prosecution relies on eyewitness identification, defense counsel must thoroughly challenge the reliability of these identifications. This includes expert testimony on memory science, cross-examination exposing suggestive procedures, and demonstrating factors that reduce identification accuracy.
Former prosecutor Dawn DiDonato-Burke understands how prosecutors present eyewitness testimony and can anticipate and counter these strategies effectively. Understanding identification procedure requirements from the prosecution perspective helps identify violations other defense attorneys might miss.
Exposing False Confessions When wrongful prosecution involves allegedly confessed statements, defense strategies must demonstrate why innocent people falsely confess. This includes presenting interrogation recordings showing coercive techniques, expert testimony on false confession psychology, and identifying inconsistencies between confessions and crime facts.
Former prosecutors understand how detectives conduct interrogations and can identify when techniques cross the line into coercion. This insider knowledge helps effectively challenge confession evidence.
Forensic Evidence Challenges Wrongful prosecutions often rely on overstated or misinterpreted forensic evidence. Defense counsel must retain independent experts who can evaluate prosecution forensic claims, identify limitations and error rates, and explain to juries why the evidence doesn’t support prosecution theories.
Thomas F. Burke’s prosecution experience includes working with forensic experts and understanding how forensic evidence is presented to juries. This experience helps identify when prosecution experts overreach their scientific foundations.
Brady Motion Practice Aggressive Brady motions demanding disclosure of all exculpatory evidence help expose wrongful prosecutions. Former prosecutors know what evidence should exist and can identify when prosecutors are withholding information.
These motions should be filed early and repeatedly, demanding specific categories of evidence and seeking sanctions when disclosure obligations are violated. Former prosecutor experience helps craft effective Brady motions that resonate with judges.
Preliminary Hearing Challenges Philadelphia preliminary hearings provide opportunities to challenge evidence before trial and sometimes result in charge dismissals. Aggressive cross-examination, presentation of defense evidence, and legal arguments attacking probable cause can expose wrongful prosecutions early.
Former prosecutors understand the strategic value of preliminary hearings and know how to maximize their impact, unlike some defense attorneys who treat them as mere formalities.
Media and Public Advocacy In appropriate cases, strategic media engagement can help expose wrongful prosecutions and create pressure for justice. This includes working with journalists investigating wrongful convictions, advocating with community organizations, and using social media strategically.
However, media strategies require careful handling to avoid prejudicing potential jurors or providing prosecutors with information. Experienced counsel knows when media engagement helps versus when it creates additional risks.
Engaging the Conviction Integrity Unit Philadelphia’s Conviction Integrity Unit reviews wrongful prosecution and conviction claims. While primarily focused on post-conviction cases, the unit sometimes intervenes in ongoing prosecutions when significant evidence of innocence emerges.
Former prosecutor relationships help navigate the CIU process and understand what evidence will most effectively demonstrate wrongful prosecution.
Trial Presentation Strategies When wrongful prosecutions proceed to trial, defense strategies must focus on reasonable doubt, prosecutorial tunnel vision, and the presumption of innocence. Former prosecutors understand what arguments resonate with Philadelphia juries and how to effectively present innocence claims.
This includes voir dire strategies that identify jurors who can truly presume innocence, opening statements that frame the wrongful prosecution narrative, and closing arguments that emphasize reasonable doubt and government failures.
DiDonato & Burke Law Firm’s former prosecutor experience provides the insider knowledge necessary to implement these strategies effectively, giving wrongfully prosecuted clients the best chance for justice.
Philadelphia Legal Considerations and Conviction Integrity Unit
Philadelphia’s specific legal landscape and institutional responses to wrongful prosecution create unique considerations for defendants and their attorneys. Understanding these Philadelphia-specific factors is essential for effectively fighting wrongful prosecution.
Philadelphia District Attorney’s Conviction Integrity Unit Philadelphia District Attorney Larry Krasner established an enhanced Conviction Integrity Unit that actively investigates wrongful conviction claims and has exonerated numerous individuals. The CIU reviews claims where new evidence suggests innocence, constitutional violations occurred, or conviction integrity is otherwise compromised.
The CIU operates differently from typical prosecution units, with attorneys specifically trained to objectively evaluate innocence claims rather than defend convictions. However, navigating the CIU process requires understanding their procedures, evidentiary standards, and internal decision-making processes.
Former prosecutor Thomas F. Burke’s relationships within the Philadelphia DA’s office help facilitate CIU communications and ensure that wrongful prosecution claims receive appropriate attention. Understanding what evidence the CIU finds most compelling helps present cases effectively.
Philadelphia Police Department Reform Efforts Philadelphia has implemented various police reform initiatives aimed at preventing wrongful prosecutions, including improved interrogation recording requirements, eyewitness identification procedure reforms, and enhanced training on avoiding tunnel vision.
However, implementation remains inconsistent, and defense counsel must still aggressively challenge procedures to ensure compliance. Understanding what reforms are supposed to require helps identify when officers fall short.
Philadelphia Court of Common Pleas Practices Different Philadelphia judges have varying approaches to wrongful prosecution claims, discovery disputes, and evidentiary challenges. Some judges are more skeptical of police testimony than others, and some are more willing to grant defense motions challenging prosecution evidence.
Former prosecutor experience practicing before Philadelphia judges provides insight into individual judicial philosophies and effective advocacy strategies for specific courtrooms. This local knowledge helps tailor arguments for maximum impact.
Pennsylvania Innocence Project Collaboration The Pennsylvania Innocence Project assists with wrongful conviction claims throughout the state, including Philadelphia. Collaboration between private defense counsel and the Innocence Project can strengthen cases by adding resources and expertise.
DiDonato & Burke Law Firm maintains relationships with innocence organizations and knows when referrals or collaborative representation benefits clients facing wrongful prosecution.
Philadelphia Media Landscape Philadelphia has active investigative journalism focused on criminal justice issues, including outlets that have exposed wrongful prosecutions and police misconduct. Strategic relationships with journalists can help publicize wrongful prosecution cases and create pressure for justice.
However, media engagement requires careful handling to avoid prejudicing proceedings. Former prosecutors understand when media involvement helps versus when it creates risks.
Federal Oversight and Pattern-or-Practice Investigations The Department of Justice has conducted investigations into Philadelphia Police Department practices, examining patterns of constitutional violations. These investigations provide context for individual wrongful prosecution claims and may support civil rights lawsuits.
Understanding federal oversight findings helps demonstrate systemic problems that enabled specific wrongful prosecutions, strengthening both criminal defense and civil claims.
Community Organization Advocacy Philadelphia has numerous community organizations focused on criminal justice reform and wrongful conviction prevention. These organizations can provide support for wrongfully prosecuted individuals, assist with public advocacy, and connect clients with additional resources.
Pennsylvania PCRA Procedures Pennsylvania’s Post Conviction Relief Act provides specific procedures for challenging wrongful convictions, including time limits, exhaustion requirements, and evidentiary standards. Philadelphia courts handle numerous PCRA petitions, and different judges have varying approaches to these claims.
Former prosecutor experience helps navigate PCRA procedures effectively, understanding what evidence judges find most compelling and how to present innocence claims persuasively.
Expungement in Philadelphia Courts Philadelphia courts process numerous expungement petitions for wrongfully prosecuted individuals. Understanding local court procedures, typical processing times, and potential prosecution objections helps expedite record clearing.
Former prosecutor relationships can facilitate expungement processes, particularly when prosecutors recognize wrongful prosecution occurred and don’t oppose record clearing.
Civil Rights Litigation in Eastern District of Pennsylvania Federal civil rights lawsuits for Philadelphia wrongful prosecutions are filed in the U.S. District Court for the Eastern District of Pennsylvania. This court has specific procedural rules, local customs, and judges with varying approaches to civil rights claims.
Understanding Eastern District practices helps effectively litigate civil claims arising from wrongful prosecution, maximizing compensation for victims.
Frequently Asked Questions
What should I do if I believe I’m being wrongfully prosecuted in Philadelphia? Contact an experienced criminal defense attorney immediately—do not discuss the case with police, prosecutors, or anyone except your lawyer. Document everything you remember about the alleged crime and your whereabouts. Preserve any evidence supporting your innocence including receipts, video, electronic records, or witness contact information. Call DiDonato & Burke Law Firm at (215) 567-1248 for immediate consultation. Time is critical for gathering evidence and challenging wrongful prosecution before it progresses further.
How common is wrongful prosecution in Philadelphia? While exact statistics are difficult to determine since many wrongful prosecutions are eventually dismissed before conviction, Philadelphia has documented dozens of wrongful convictions, suggesting wrongful prosecution is more common than many realize. The Philadelphia District Attorney’s Conviction Integrity Unit has exonerated over 20 individuals, representing cases where prosecution proceeded despite evidence of innocence. Former prosecutor Thomas F. Burke notes that for every identified wrongful conviction, likely many more wrongful prosecutions were dismissed before reaching conviction.
Can I sue if I was wrongfully prosecuted but not convicted? Yes, you may have civil rights claims under 42 U.S.C. § 1983 for constitutional violations during wrongful prosecution, even if charges were dismissed. You may also have state law malicious prosecution claims. However, these cases are complex and require proving that defendants acted with knowledge that prosecution was improper or with deliberate indifference to your innocence. Former prosecutor Dawn DiDonato-Burke can evaluate whether your case supports civil claims.
What is the Philadelphia Conviction Integrity Unit and how can it help me? The Philadelphia District Attorney’s Conviction Integrity Unit investigates claims of wrongful conviction and prosecution. The CIU reviews cases where new evidence suggests innocence, constitutional violations occurred, or serious questions exist about conviction integrity. If you believe you were wrongfully convicted, you can contact the CIU directly or have your attorney present your case to them. However, the CIU only handles select cases, so having experienced private counsel remains essential.
How long does it take to clear my record after wrongful prosecution? This depends on your case status. If charges were dismissed, you can immediately file for expungement, though processing typically takes 3-6 months in Philadelphia courts. If you were convicted and later exonerated, expungement follows exoneration but may take longer. Pennsylvania’s expungement process requires court approval, and prosecutors sometimes object even in wrongful prosecution cases. DiDonato & Burke Law Firm’s former prosecutor experience helps expedite expungement and overcome objections.
What compensation can I receive for wrongful prosecution in Philadelphia? Compensation depends on your situation. If wrongfully convicted and later exonerated, Pennsylvania’s Wrongful Conviction Compensation Law provides $50,000 per year of imprisonment. Civil rights lawsuits can result in damages for lost income, emotional distress, reputational harm, and legal expenses—amounts vary widely based on case specifics. Malicious prosecution claims can include compensatory and punitive damages. Former prosecutors can evaluate what compensation your case might support.
Can prosecutors be held personally liable for wrongful prosecution? Prosecutors generally have qualified immunity for actions within their prosecutorial role, but this immunity has limits. Prosecutors can potentially be held liable for administrative actions, fabricating evidence, or deliberately presenting testimony they know is false. Recent cases have somewhat expanded prosecutor accountability, though these remain difficult claims. Former prosecutor experience helps identify when prosecutorial conduct crosses the line into actionable misconduct.
What role do false confessions play in Philadelphia wrongful prosecutions? False confessions contribute to many Philadelphia wrongful prosecutions, particularly involving juveniles, individuals with intellectual disabilities, or those subjected to lengthy interrogations. Philadelphia police interrogation techniques sometimes include deception, minimization, and psychological pressure that can overcome innocent suspects’ resistance. Understanding how false confessions occur helps challenge these cases effectively.
How does eyewitness misidentification lead to wrongful prosecution? Eyewitness misidentification is the leading cause of wrongful prosecutions. Memory is less reliable than commonly believed, and suggestive identification procedures can lead witnesses to identify innocent suspects. Philadelphia police sometimes use improper lineup procedures, show suspects multiple times, or provide cues about who they suspect. Former prosecutor Thomas F. Burke knows how to challenge unreliable identifications effectively.
What happens if new evidence proves my innocence after conviction? New evidence of innocence can support PCRA petitions in Pennsylvania state courts or habeas corpus petitions in federal court. You can also present evidence to Philadelphia’s Conviction Integrity Unit. However, these proceedings have strict time limits and procedural requirements. DNA evidence, new witnesses, or proof that prosecution evidence was false can potentially result in conviction reversal and exoneration.
How do I find out if police or prosecutors withheld evidence in my case? This requires aggressive discovery practice and sometimes post-conviction investigation. Defense attorneys should demand all Brady material during prosecution, but prosecutors sometimes fail to disclose exculpatory evidence. Former prosecutors know what evidence should exist in proper investigations and can identify when prosecutors are withholding information. Post-conviction discovery can sometimes reveal previously undisclosed evidence supporting innocence claims.
Can I get my job back after being wrongfully prosecuted? This depends on your employment situation. If wrongful prosecution caused job loss, you may have wrongful termination claims or discrimination claims if employers improperly relied on arrest records. Pennsylvania law limits how employers can use arrest records without convictions. After expungement, employers cannot legally consider expunged arrests. However, practical reputational damage may persist despite legal remedies. Civil rights settlements can include compensation for lost employment.
Expert Tips from Former Prosecutors
Thomas F. Burke and Dawn DiDonato-Burke’s combined prosecution experience in Philadelphia provides unique insights into recognizing wrongful prosecution and mounting effective defense strategies.
Understanding How Prosecutors Evaluate Cases Former Philadelphia homicide prosecutor Thomas F. Burke explains that prosecutors should conduct independent case evaluation rather than simply accepting police recommendations. However, systemic pressures including high caseloads, limited investigation time, and institutional deference to police can result in inadequate case screening.
Burke’s experience prosecuting hundreds of cases revealed that prosecutors sometimes become aware of evidence problems but proceed anyway, rationalizing that juries should decide or that any concerns can be addressed at trial. This mindset allows wrongful prosecutions to continue when ethical prosecutors would dismiss charges.
Understanding prosecutorial decision-making helps defense counsel identify pressure points. When prosecutors are presented with compelling evidence of innocence early, many will reconsider charging decisions rather than risk wrongful conviction. Former prosecutors know how to frame innocence evidence in ways that resonate with prosecutor offices.
Identifying Investigation Red Flags Dawn DiDonato-Burke’s nine years as an Assistant Prosecutor taught her to recognize investigation quality indicators that separate solid cases from problematic ones. Red flags include missing supplemental reports that should document investigation steps, witness statements that seem coached or too perfect, timeline inconsistencies that aren’t addressed, and forensic evidence that’s presented more definitively than science supports.
When defense attorneys identify these red flags and present them systematically, prosecutors may recognize that their case has fundamental problems. Former prosecutors understand which concerns most effectively undermine prosecutorial confidence in their cases.
Leveraging Internal Prosecution Office Dynamics Philadelphia District Attorney’s Office has internal review processes where supervisors evaluate case strength before trial. Former prosecutors understand these internal dynamics and can sometimes communicate with supervisory prosecutors who may be more objective about case weaknesses than line prosecutors invested in specific cases.
This includes understanding when to request supervisory review, how to present information most effectively to senior prosecutors, and which types of concerns are most likely to result in dismissals or favorable plea offers.
Cross-Examination Strategies for Police Witnesses Thomas F. Burke’s trial experience provides insight into effective cross-examination of police witnesses in wrongful prosecution cases. Key strategies include exposing tunnel vision by questioning what alternative suspects were investigated, demonstrating suggestive identification procedures through detailed questioning about lineup administration, and revealing inconsistencies between police testimony and documented reports.
Former prosecutors understand police training and can identify when officers deviate from proper procedures. This knowledge translates into devastating cross-examination that undermines police credibility and exposes investigation flaws.
Building Relationships with Conviction Integrity Units Philadelphia’s Conviction Integrity Unit represents a potential ally for wrongfully prosecuted defendants, but effective engagement requires understanding the unit’s priorities and procedures. Former prosecutors know what evidence the CIU finds most compelling and how to present cases for maximum impact.
This includes understanding that the CIU focuses on factual innocence rather than mere legal technicalities, appreciates newly discovered evidence or scientific advances that undermine original convictions, and responds well to systematic presentations of innocence evidence rather than piecemeal submissions.
Timing Strategies for Maximum Impact Dawn DiDonato-Burke emphasizes that timing can significantly affect wrongful prosecution outcomes. Early aggressive defense sometimes prevents formal charges from being filed when prosecutors recognize evidence problems before committing to prosecution. Post-charge but pre-trial intervention can result in dismissals when compelling innocence evidence is presented systematically.
However, sometimes waiting for trial allows defense to fully develop evidence and present comprehensive innocence cases to juries. Former prosecutors understand these strategic timing considerations and can advise when to push for immediate resolution versus when to prepare for trial.
Understanding Qualified Immunity in Civil Cases Civil rights lawsuits for wrongful prosecution face qualified immunity defenses that protect government officials from liability unless they violated clearly established constitutional rights. Former prosecutors understand how courts evaluate qualified immunity and can identify when official conduct clearly violated established law.
This includes understanding that fabricating evidence, withholding clearly exculpatory Brady material, and presenting testimony known to be false can overcome qualified immunity. Former prosecutor knowledge of these boundaries helps maximize civil recovery for wrongful prosecution victims.
Documenting Everything for Future Litigation Thomas F. Burke advises wrongfully prosecuted clients to document everything from the moment they become aware of prosecution problems. This includes keeping copies of all court documents, recording all interactions with police and prosecutors (where legal), preserving all evidence supporting innocence, and maintaining detailed timelines.
This documentation becomes crucial for both criminal defense and potential civil litigation. Former prosecutors understand what evidence will be most valuable in future proceedings and can guide clients on preservation strategies.
Managing Client Expectations Realistically Former prosecutors understand that fighting wrongful prosecution is often lengthy, expensive, and emotionally draining. While DiDonato & Burke Law Firm aggressively advocates for wrongfully prosecuted clients, former prosecutor experience provides realistic assessment of case timelines, probable outcomes, and strategic options.
This honest communication helps clients make informed decisions about whether to accept plea offers, proceed to trial, or pursue post-conviction relief. Understanding prosecution perspectives helps evaluate the realistic likelihood of various outcomes.
Coordinating Criminal Defense and Civil Rights Claims Wrongful prosecution cases often involve both criminal defense and potential civil rights litigation. Former prosecutors understand how to coordinate these parallel proceedings to maximize outcomes without compromising either case.
This includes understanding how statements made during criminal defense might affect civil litigation, timing civil filing decisions strategically, and preserving evidence for both proceedings. Comprehensive representation addressing both aspects provides advantages that attorneys handling only one aspect cannot offer.
Talk to a Criminal Defense Lawyer
DiDonato & Burke Law Firm’s former prosecutor experience provides wrongfully prosecuted clients with insider knowledge that transforms into effective advocacy, significantly improving the likelihood of justice and compensation.
