Legal Question in Criminal Law in California

Prosecutor/Hired Attorney Sleeping Together

Well, how do I get a new trial for my son who was sentenced to seven year's in a criminal case? I hired a private attorney for him and at the sentencing stage my attorney blurted out that Ms. M said this was a fun case and worth the role in bed with me! My mouth and eyes opened up as to this remark. NO, my sons attorney knew what he had just said! I need to inform the Judge which sentenced my son. I had a feeling about this from the beginning but thought I was imagining the close contacts and secret talks. What can I do at this stage now?


Asked on 12/12/07, 12:56 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Prosecutor/Hired Attorney Sleeping Together

IF you are still timely [within the filing time limits] you get to try for a new trial based on potential attorney misconduct and conflict, but you'll have to be able to prove what you allege. Was the statement on the record, or merely a private comment between attorneys that you overheard. If it was on the record, I am surprised the judge didn't say or do something. Personal relationships between counsel require disclosure and waiver of conflict.

If the request for new trial doesn't work, then you file an appeal on the same grounds, again requiring timely filing.

Feel free to contact me if you are serious about getting legal counsel to do this.

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Answered on 12/12/07, 11:37 am


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