Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

We have a situation in a probation violation case where the

prosecuting attorney in the case...
We have a situation in a probation violation case where the prosecuting attorney in the case is now the head of the District Attorney's Office and has appointed a court appointed attorney from his former firm( who was the prosecuting attorney at the time) to represent the person who is facing a probation violation. To me this seems like a conflict of interest how would the defendent receive a fair trial? I should also note that the person who is head of the DA office now also had a personal interest in the original case. (a friend or family member). What is the appropriate term to be used here and what are our option to ensure the defendent receives a fair trial?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 6 minutes by:
1/1/2011
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,550
Experience: Licensed attorney with 29 yrs. exp. in criminal law
Verified
Hello,

I am sorry but I must be confused about the facts that you presented and will need you to clarify them for me. In particular you said the DA (Head prosecutor) appointed a defense counsel to represent this individual in their VOP hearing. That is not possible, since only the court (a judge) and the Public Defender, who does not work for the prosecutor, can appoint and assign a defense counsel. Any clarification you can add would help.
Ask Your Own Criminal Law Question
Customer reply replied 7 years ago

My appologies, I thought the DA's office oppointed the defense counsel. This is making more sense to me now. Our Case is in regards XXXXX XXXXX personal loan that was taken out in the amount of $60,000. for a business adventure. The Judge has a relationship with the prosecuting attorney (at that time) John.

 

John (the prosecuting attrny at time) is friends with the person whom the original loan was taken out with.

The original loan was taken out against a house in Hood River and the daughter had Mom sign the deed of the house over to her then the brother and the friend (prosecuting attorney John) felt this was dipping into an inheritance.

 

That's where our case came in, because the personal loan was taken with daughter who had the deed signed over to her from the house.

 

So now the defendent is back in Hood River for a Probation Violation (Probation would be up in 9 months) and our Public defender (court appointed attorney) is from the same office that the prosecuting attorney John (who is now Head of the DA's office).

The Public Defender Brian has talked the defendent into waiving a 14 day right to something... can you tell me what that something could be?

 

Why would the Public Defender who is from the same previous office as the prosecuting attorney(now head of the DA office) want to waive any rights?

 

Can the DA's office re-visit the case? and this seems like a huge Conflict of Interest to me? What can we do to ensure the defendent is given a fair hearing?

 

Thank you for your help I hope this claifies things if I can be more specific please let me know.

 

Sincerely,

B

Hello again B,

Unfortunately there is no way for me to guess what the defendant's public defender is recommending that he waive. That is something that the defendant will need to get clarified. There are often times actions that an attorney might recommend that might not make sense from a tactical standpoint to someone who is not an attorney. That is why it is important to ask questions and have the situation explained so that you can make an informed decision. Just like with medical care. It does come down to the need to have faith that the professional knows what they are doing. If the defendant in this case doesn't feel comfortable with their attorney, they could ask for a new public defender, but they may or may not be successful depending on their reasons. If his attorney is negligent in his duties or otherwise violates attorney ethics rules, then he can appeal any court actions based on ineffective assistance of counsel. Or, report this attorney to the State Bar Association.

As for the conflict of interest, I'm not sure I understand all the dynamics and couldn't give you an absolute opinion even if I did, since that would violate the terms and conditions of our use of this website, but if any of the actual court personnel were involved directly in a previous business deal with the defendant versus being an attorney involved in a prior case, then the defendant could ask for them to be removed from the case. However, as I just indicated, if these are just attorneys that know each other personally and have worked together before, then there isn't anything per se that is a conflict in their working on opposite sides or in judgment in this case. This happens everyday, especially in small towns. It can be a little discomforting, but attorneys are professionals who are sworn to a certain code of ethics that require that they act objectively and in the best interests of their clients. If that duty is violated, then the defendant would have cause to file appeals or complaints.
Ask Your Own Criminal Law Question
Customer reply replied 7 years ago

Can the DA's office re-open the case on a probation violation? Can this night mare start all over again?

 

Should his probation officer be asking me questions about his previous case?

 

Sincerely,

B

I really can't say because I don't have a fraction of the facts that I would need to know what the real underlying issue is here. Anytime someone is on probation they can be violated for not following the terms of the probation as long as the violation occurred during their probationary time. So, the DA can always look into something, but it is up to the court to decide if there has been a violation during that time period and up to his defense counsel to challenge the allegation of violation.
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,550
Experience: Licensed attorney with 29 yrs. exp. in criminal law
Verified
Marsha411JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago

Thank you for your time, this has helped us.

 

I don't know how we are to fight a small town system like Hood River with out an outside attorney. But this has helped me understand the system a little better.

 

Thank you,

B

You're welcome and best of luck to you.
Ask Your Own Criminal Law Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,550
20,550 Satisfied Customers
Experience: Licensed attorney with 29 yrs. exp. in criminal law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

20,550 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
How can I get photos and trial transcripts from my husband's
how can I get photos and trial transcripts from my husband's criminal trial? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
O. I am a witness in a case going to trial and i have not
I am a witness in a case going to trial and i have not bewn sapenad i got a ticket to leave im staying with a sick aunt for 2 months what is my options can i ne in trouble? Im in las vegas. Nevada … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
If a person made a complaint about harassing emails-then i
if a person made a complaint about harassing emails-then i just send her one more 8 months later, can I be prosecuted for it? the emails where never harrasing or threatening- nothing like that- just s… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I have question pertaining filing a complaint with Crime
I have question pertaining filing a complaint with Crime Victim Rights Board -- My intial steps I made a complaint with Department of Justic Victim Resource Center against an officer who on two occasi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If I made a verbal complaint to human resources at work,
If I made a verbal complaint to human resources at work, could they deny a situation ever happened if I didn't write it down, or do they usually write down everything people complain about?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
If I ask for a copy of a written complaint, can that show
If I ask for a copy of a written complaint, can that show that I expected this situation to go to court, thus if I claim that I lost evidence, would it make that statement more true or more false?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Would I be correct to say that a complaint filed against a
Would I be correct to say that a complaint filed against a federal prosecutor in NJ State should be done at the Office of Attorney Ethics?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a man is on trial for rape, can the defense offer
If a man is on trial for rape, can the defense offer evidence that the complainant (alleged victim) has been diagnosed with bipolar disorder in the past?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can a parent prevent a child from testifying in a trial?
Can a parent prevent a child from testifying in a trial? This is in the case where the child claims to be molested and it's in the state of Ohio.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,261 satisfied customers
I show up to trial and request a continuance because I have
I show up to trial and request a continuance because I have not recieved discovery? Now this is what I am getting hung up on. I filed request for discovery after the pre-trial. I did not know I was su… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
80 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
After a defendants answer to a complaint which order should
after a defendants answer to a complaint which order should these federal motions be submitted , interrogatories, discovery, rule 16 , rule 33 ?… read more
Damien Bosco
Damien Bosco
3,386 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x