Legal Question in Criminal Law in New York

public defender talking 4 u to da
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

Asked on 6/15/08, 4:20 am

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

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Re: public defender talking 4 u to da

A Legal Aid attorney will ask to be removed if there is a conflict of interest since the Legal Aid Society represented the complainant in a prior matter. If you still qualify for a publicly paid attorney, you will be assigned an attorney from the 18b list. This is a private attorney paid by the court. It is the same if the 18b attorney has a conflict of interest, you will be assigned a different attorney.

As for the attorney talking to the District Attorney after stating that they can not represent you, until they are relieved by the court they have the ethical obligation to represent your best interests regardless of other circumstances. I would not be worried unless it is revealed that they did something that would be considered not in your interested. In 10 years of criminal practice, I have never seen an 18b or legal aid attorney who did something to violate being a strong advocate for their client regardless of the circumstances.

Joel R. Salinger, Esq

[email protected]

Answered on 6/15/08, 9:45 am

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