Legal Question in Criminal Law in New York

lawyer and da set up

what happens or can happen when a public defender tell you he is your lawyer then tells you he cant be your lawyer do to confick because he he is a persons lawyer who is againts you on another matter then talks to the da about your case and he already told you he can't work for you and you never asked him to talk to the da and he talks to the da about your case ???? can this case go to court still ? can this make it a mistrial

and the public defender told me he was removed from my case before he talked to the da.???


Asked on 6/15/08, 10:24 am

2 Answers from Attorneys
James Kats James S. Kats, Esq.

Re: lawyer and da set up

It was not proper for the public defender to speak to the DA about your case after informing you he had a conflict due to another client of his. You must get another attorney to represent you, whether through the Assigned Counsel Program or privately on your own. Then, all previous actions and discussions by your public defender must be nullified.

James S. Kats, Esq. www.lawjsk.com

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Answered on 6/18/08, 1:34 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: lawyer and da set up

Honestly, your only option now is to make sure you hire your own attorney to make sure that not only there can be no conflict in the future but mroe importantly that the damage that may have been done is stopped as much as possible...

While, generally such situations should not happen... there are various wasy to protect against it.

please contact my office at 212.709.8303 tomorrow during regular business hours for a detailed phone consultation.

you may also listen to our podcast at

gconzalezlawfirm.podbean.com

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Answered on 6/15/08, 1:01 pm


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