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filipinomama1970

Is it a Conflict of interest

8 posts in this topic

My son was convicted of aggravated assault with intent to harm. Is it a conflict of interest that the victims parents worked for the same county that he was convicted in? The mother worked for the county in many different places in the court house and the step father was a Sherriff. The last place the mother worked was the public defenders office where my son needed to get an attorney through and because she worked for them they stated they would get him an attorney out of county. The public defenders office did get him one but we were unaware his attorney used to be a judge and a attorney in the past at and in the same county he was charge in. Is any of this conflict of interest? 

Edited by filipinomama1970
spelled incorrect and needed to add a few more details.

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34 minutes ago, filipinomama1970 said:

Is it a conflict of interest that the victims parents worked for the same county that he was convicted of?

 

A conflict of interest for whom?  Was it the sheriff's office that arrested your son?  Was the victim's father a witness?  In what state did this happen?

 

 

40 minutes ago, filipinomama1970 said:

The last place the mother worked was the public defenders office where my son needed to get an attorney through and because she worked for them they stated they would get him an attorney out of county.

 

Which they apparently did, thereby negating any possibility that his lawyer had a conflict of interest.

 

 

41 minutes ago, filipinomama1970 said:

They did but was in aware he used to be a judge in the same county and lawyer.

 

Huh?

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Nobody was a witness, that side of the family was allowed to give victim impact statements but ours was not. We were unaware at the time of getting his attorney that he used to be a judge and a attorney in the county he was arrested in in the past. I called the judges chambers and spoke with the bailiff and explained to him he was unable to show up due to the warrant that they put out on him and was in jail on those charges in another county. So we bailed him out he said (the bailiff) bring the paperwork to the courthouse and we will show them to the judge and get it taken care of on Friday. No court on Fridays they took him nto custody and we had to post another bail on him again for the same charges.

Edited by filipinomama1970
spelled incorrect and needed to add a few more details.

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53 minutes ago, filipinomama1970 said:

that side of the family was allowed to give victim impact statements but ours was not.

 

Side of the family?  And, of course you would not give a "victim impact statement" if your son was the defendant.

 

 

54 minutes ago, filipinomama1970 said:

We were unaware at the time of getting his attorney that he used to be a judge and a attorney in the county he was arrested in in the past.

 

What do you mean that he "used to be . . . [an] attorney in the county"?  Do you mean he used to have an office in that county?  If so, what difference would that possibly make?  If he is a former judge, that could only have worked to your son's benefit.

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So, the public defender's office got him a conflict counsel and so avoided the County having a conflict-of-interest in defending him. Seeing this post, my question would be whether or not the County also had a potential conflict-of-interest in prosecuting him depending on how close the victim family's connections were with the State's Attorney's office?

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Unless you can show that the attorney assigned to your son's case either represented some member of the victim's family as an attorney or heard their case as a judge, or has some other business interest or very close personal interest with the family, it is unlikely that he had a conflict-of-interest. Plus, he was responsible to give you a direct answer and disclose to your son any potential conflicts he had in representing him at the time he was appointed. Now that your son is convicted, I believe you can only raise this as a possible appeal issue. It would not automatically reverse his conviction at this point even if there was a legitimate conflict.

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11 minutes ago, Hasquestions said:

my question would be whether or not the County also had a potential conflict-of-interest in prosecuting him depending on how close the victim family's connections were with the State's Attorney's office?

 

The prosecutor's interest is in getting a conviction.  The victim's family's interest is in getting a conviction.  Where's the conflict?

 

 

7 minutes ago, Hasquestions said:

Unless you can show that the attorney assigned to your son's case either represented some member of the victim's family as an attorney or heard their case as a judge, or has some other business interest or very close personal interest with the family, it is unlikely that he had a conflict-of-interest.

 

A "business interest or . . . close personal interest with the [victim's] family" would, indeed, create a conflict.  None of the other things mentioned would.  If the attorney formerly represented someone in the victim's family, that might have given the prosecutor grounds to disqualify the attorney, but it would not create a conflict for purposes of the defendant.  The same would be true (albeit even less likely) if the defendant's attorney had heard a case as a judge involving someone in the victim's family.

 

 

10 minutes ago, Hasquestions said:

that your son is convicted, I believe you can only raise this as a possible appeal issue. It would not automatically reverse his conviction at this point even if there was a legitimate conflict.

 

If an undisclosed conflict existed, that could allow for reversal of the conviction on appeal or other post-conviction relief.  However, the OP has no standing to do anything.  Only the OP's son has standing.

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