Legal Question in Criminal Law in California
If my lawyer is my co defendant's previous lawyer can I fire him for conflict of interest?
2 Answers from Attorneys
Sounds like a conflict of interest to me.
Your question raises various issues. Is your attorney appointed or retained? If the attorney is retained you may at any time hire a new attorney and fire the old. If the new attorney needs a continuance to prepare for trial he/she will have to make a showing of good cause to get the continuance but the conflict is probably good cause. If the attorney is appointed she/he should ask the judge to be released and a new attorney should be appointed.
Also your co-defendant's counsel may ask that you be appointed a new counsel since your current counsel may have confidential information received from your co-defendant in the previous representation that may now be used against your co-defendant. If none of this works you may contact the state bar.
Related Questions & Answers
-
I was cited and released last night my court date is 10/2/2013 i was charged with... Asked 8/24/13, 11:06 pm in United States California Criminal Law