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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23188
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Locked!For Fran! In the case youve already hellped me with, the

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For Fran! In the case you've already hellped me with, the defendant is getting a public defender. The public defender is a personal and family friend of the defendant and the defendant did paralegal work for 1 month prior to the event which caused this case. The public defender's sister had a dating relationship with the defendant, and she participated in a known drug smuggling ring. Can this public defender be dismissed based on this information?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

If the prosecutor or the judge were a personal family friend of the defendant and his sister dated the defendant, that would certainly be a conflict of interest. The prosecutor would likely have difficulty going after a close family friend and judges are required to be neutral and objective.

But here, the public defender is on the same side the family friend. Still, if their lives are too directly entangled, it can give an appearance of impropriety, which lawyers are supposed to avoid. I would definitely raise the issue with the prosecutor, who otherwise might not know the extent of the relationship. I suspect that they will then discuss this with the judge who will determine whether another public defender should be appointed.


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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.


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