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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20392
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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My daughter was appointed a conflict panel for her case. The

Resolved Question:

My daughter was appointed a conflict panel for her case. The DA is charging her with same crimes as the guy she was with. My daughter is a good girl just got with a bad person. can they charge her that way even though they have no evidence she was involved with his actions. And what is a conflict panel??
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 6 years ago.

What has apparently occurred in your daughter's case is that the Public Defender's Office has a conflict of interest and cannot provide her with criminal defense services. My guess is it is because they are representing her alleged co-conspirators or co-actors in the alleged crime. Because of that, she is being referred to the "conflict's panel" which is a group of qualified attorneys who represent indigent defendants when the PD's attorneys cannot because of the conflict of interests. So, she is just being assigned her own attorney outside the PD's Office to represent her and protect her separate legal interests in the charge she is facing.

The only way around using the attorney she is assigned is to hire one of her own that she pays for.

As for charging her with the underlying crime, that is how alleged accessories, co-conspirators or co-actors are charged. Each person in the group that either planned or were a part of the crime are charged with the entire crime, just as if they had carried it all out themselves.

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Customer: replied 6 years ago.
So she should agree with what they tell her even though she dosent feel comfrontable with thier decisions. I feel she should be severed (seperate) from him, and she feels the same way. The panl thinks its ok we dont. Am i just being unreasonable. could I ask for a different panel?
Expert:  Marsha411JD replied 6 years ago.
Hello again,

From what you are telling me a criminal defense conflict panel has evaluated whether or not the same attorney could represent the interests of your daughter and a co-defendant and said yes. Your daughter is entitled to have her own attorney. However, she will have to pay for them unless the court agrees with your daughter that each defendant should have their own attorney. As far as whether they are tried together or separately that is entirely up the the judge in the case after hearing evidence and arguments from both the prosecution and defense side on the issue.

So, I can't say what your daughter should do, since I just don't have enough facts. She should though, consider listening to the qualified attorneys who have been appointed to her.
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