Legal Question in Criminal Law in California

Prosecutor Conflict of Interest?

A Prosecutor litigated a case against ME for a crime filed by Victim GA. This case when on for 2 yrs in which Prosecutor got to know GA personally. Now Prosecutor is litigating a case against GA, for which I am now the Victim. Can this be considered Conflict of Interest? What is the law on this? What venues do I have, since my concern is that Prosecutor might drop the case since he dislikes ME, and he likes GA, the defendant?


Asked on 4/15/09, 4:01 pm

2 Answers from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Re: Prosecutor Conflict of Interest?

I appreciate your concern in this unusual situation, but you may be reading too much emotion into the D.A.'s actions. He is prejudiced against ALL criminal defendants, no doubt. If he liked GA so much, why did he charge him/her with the crime?

No, it is not a "conflict of interest" unless he had a personal relationship with GA or you. In any event, it is nearly impossible to get a prosecutor taken off a case, so unless something happens that seems to show he is an advocate for GA instead of a prosecutor, I would not worry about it.

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Answered on 4/15/09, 6:00 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Prosecutor Conflict of Interest?

The prosecutor represents the People, not the victim. That a former alleged victim is now the defendant thus does not create a conflict.

I agree that it seems unfair for a defendant to be prosecuted by a D.A. who seems to have previously grown to like him, but the law does not forbid this.

If I knew more about the case I might be able to find a basis upon which to challenge the D.A. What you have written does not seem sufficient to me.

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Answered on 4/15/09, 6:21 pm


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