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The district attorney called my public defender while

The district attorney called...

The district attorney called my public defender while representing me in front of the jury to testify about an e mail my PD sent the DA that left me looking like I lied and I didnt and I have proof I didnt. Is that legal for your attorney to testify against you during a jury trail she even questioned herself.

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Ca Driving a vehicle without owners consent and possesion of stolden property

Lawyer's Assistant: Has anything been filed or reported?

The jury is deliberating my attorney testified against me today in front of the jury now they are deliberating I asked for a mis trail and the judge denied the request

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that i can think of

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Customer reply replied 1 year ago
My attorney then brought to my attention a statement made by an ex boyfriend involved in the case that was inconsistent with mine saying before I make a big deal about this I might want to see this statement this was all right before she gave her closing arguments.
Answered in 5 hours by:
2/11/2017
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,881
Experience: attorney at self
Verified

I am sorry to hear this.

CURRENT RULES OF PROFESSIONAL CONDUCT

  • Rule 5-210 Member as Witness (Member means your lawyer, a member of the State Bar)

Rule 5-210 Member as Witness

A member shall not act as an advocate before a jury which will hear testimony from the member unless:

(A) The testimony relates to an uncontested matter; or

(B) The testimony relates to the nature and value of legal services rendered in the case; or

(C) The member has the informed, written consent of the client. If the member represents the People or a governmental entity, the consent shall be obtained from the head of the office or a designee of the head of the office by which the member is employed and shall be consistent with principles of recusal.

Discussion:

Rule 5-210 is intended to apply to situations in which the member knows or should know that he or she ought to be called as a witness in litigation in which there is a jury. This rule is not intended to encompass situations in which the member is representing the client in an adversarial proceeding and is testifying before a judge. In non-adversarial proceedings, as where the member testifies on behalf of the client in a hearing before a legislative body, rule 5-210 is not applicable.

Rule 5-210 is not intended to apply to circumstances in which a lawyer in an advocate's firm will be a witness. (Amended by order of Supreme Court, operative September 14, 1992.)

My opinion is that your lawyer was required to withdraw from representing you due to the viiolation of the above rule, and you are entitled to a mistrial and can repeat that request if you are convicted. If the court denies the second motion for mistrial, I think you would have a winnable appeal.

I hope this information is helpful.

N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,881
Experience: attorney at self
Verified
N Cal Atty and 87 other Legal Specialists are ready to help you
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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).

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