Legal Question in Criminal Law in Pennsylvania

Prosecutors and conflict of interests

Can a prosecutor prosecute a case in which the defendant is close to or otherwise knows members of the prosecutor's family? Specifically, what if the defendant is a friend of the prosecutor's son? Would that be considered a conflict of interests for the attorney? Thank you.


Asked on 5/31/05, 4:29 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Prosecutors and conflict of interests

Changing prosecutors isn't going to mean the charges will be dropped. If you do want him off the case it may be enough to have him removed from the case.

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Answered on 5/31/05, 4:37 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Prosecutors and conflict of interests

Yes he / she can, unless the prosecutor is so biased that they must excuse themself. In reality I would consider this a benefit, b/c it might allow for a plea agreement where none previously existed.

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Answered on 6/03/05, 3:11 am


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