Legal Question in Criminal Law in Arizona

Drug Conviction Appeal

Brother convicted in federal court on drug charges. He was arrested with 2 other guys. Defendant #1 made deal with DEA agent in his car. Defendant #2, was drove & delivered drugs in 2nd car. My brother was in a 3rd car with 2 friends. My brother was convicted based on police testimony that he was the driver of the car that made the drug delivery, however defenadant #2 testified in court that he was the driver and not my brother. Prior to the trial, defendant #2's public defender sent him a letter asking him to consider co-operating with prosecutors because police were saying that he was the driver that made the delivery. Now, we are working on my brother's appeal and a few attorneys that I've talk to say that the letter might win him a new trial, however we have one big problem, no kept a copy of the letter. My question is, can the minor's public defender by forced to turn the letter over to my brother's attorney for the appeal?


Asked on 12/07/02, 1:12 am

2 Answers from Attorneys
Otilia M. D�az Law Office of Otilia M. D�az

Re: Drug Conviction Appeal

Does Defendant #2 want to help your brother? Defendant #2 can request the production of the letter from his defense attorney. In addition, if the public defender is basing witholding of the letter based on an "attorney-client privilege" (confidential relationship between the defendant and his attorney), then Defendant #2 can "waive" the privilege (allow confidential communication to be given).

I would be happy to discuss the issues more in-depth with you by phone or in-person. There is too much to cover via e-mail though I have provided you with the major points. Call me for a free � hour consultation if you would like to discuss the matter in more detail.

You can call me directly to discuss the specifics of your case, or contact my legal assistant, Brenda, (602) 255-0333, to schedule a free � hour consultation. I look forward to talking with you.

/s/ Otilia M. D�az, 637 North 3rd Avenue, Suite 8, Phoenix, AZ 85003, (602) 908-2133, (602) 253-4506 Fax, e-mail: [email protected]

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Answered on 12/08/02, 12:04 pm
Jason Lamm Jason D. Lamm Attorney at Law

Re: Drug Conviction Appeal

Depends on the circumstances under which the letter was received. If it was sent as a privileged communication (i.e. from client / codefendant), only with consent of the person holding the privilege. If you need more assistance, contact me directly.

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Answered on 12/07/02, 9:12 am


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