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i just found out that my public defender attny appointed to

me, was a prosecution attny...
i just found out that my public defender attny appointed to me, was a prosecution attny against me 7 years ago. is this reason for a mistrial?
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11/2/2012
Legal-Guru
Legal-Guru, Criminal Justice Lawyer
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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
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Thanks for using Pearl.com. It will be my pleasure to assist you today.rial?

Are you currently in trial?

If not, where are you in the process---has your attorney just been appointed? Are you in the pre-trial stage?

How did you find out that your attorney previously prosecuted you? Does your attorney remember you? And, what was the outcome of that case?

Thanks
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sorry....I hit the wrong key.
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Customer reply replied 5 years ago


My dad remembered her name and he told me. My attny was appointed right after my incident about 5 months ago. Since I have an unusual last name, I find it hard to believe she did not remember me. Especially since I went over each of my run ins with the courts. I was given 5 months in prison and another strike.

Legalease
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 16,388
Experience: 13 years experience in criminal law, BA in criminal justice
Verified

Hello there.

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I notice that your prior expert opted out. If this matter of your attorney having prosecuted you seven years ago had been disclosed at the beginning of your case then a new attorney almost certainly would have been appointed at that time to eliminate even the smallest appearance of a conflict of interest. At this point because you have gone through the adjudication process with her as your attorney and the matter was not presented to the court prior to your sentencing you must seek out another lawyer (public defender or another lawyer through your county legal aid services) to bring forth a motion to vacate the prior conviction and sentence due to a conflict of interest and there is a good chance that the current charge and sentence will be set aside and retried because of this matter. There is always a slight chance that the judge might claim that what happened was "harmless error" -- which means that the judge might claim that she should have disclosed this information to you and given you the chance to get another attorney because of the apparent conflict but because the judge may claim that he would not have decided the case any differently or sentenced you any differently if you had a different lawyer then the judge will claim harmless error and let the case and sentence stand. If that happens, your new lawyer should appeal the matter to the appeals court and let a higher court judge decide if what the lower court judge did was appropriate and even if there would have been no real change in the sentencing was it still a violation of conflict of interest rules and should the case be sent back to the trial court for retrial and resentencing. Overall, I do believe that you have a decent chance of having at least the sentencing set aside because of this apparent conflict of interest but you do need to get another attorney to look at this issue and file this with the court.

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