Skip to main content

If a public defender represented my boyfriends co-defendant on charges they are currently facing is that a conflict of interest?

Stockton, CA |

My bf is being represented by the exact same public defender that recently represented his co defendant in the case they are both involved in, the court split up their case and has already gave the co defendant a deal, sentence, and out date before they even had my boyfriend go to court. he is now facing all charges which doesn't make sense since he was the passenger in the vehicle. If his co defendant was offered a deal shouldn't my bf be offered the same deal. I'm not familiar with the county that is charging him &was told to see if I can find someone willing to do a pro-bono case or at least a consultation because there are a few things that do not seem right and we think it might be because he isn't from that town. any advice anyone is able to provide would be very appreciated. thank u

My boyfriend did not waive the conflict as a matter of fact, the judge and public defenders are pretty much steering clear of the fact that he does have a co defendant and that they have already went ahead and gave him a deal and sentence before bringing my boyfriend out to court. Is there some way that I can find information on conflict of interest of the same public defender representing both co defendants. I have heard that it is quite hard to get a case severed, so if that is the case how did the case get split up so easily and how is it that the codefendant is already finished with court and has the 2 lesser charges if he was the driver of the vehicle no one has actually been charged (well I guess the co defendant has)

Attorney Answers 7

Posted

It may be a conflict. Point out to the judge what you have put on the ite and request a conflict attorney.

Mark as helpful

10 lawyers agree

Posted

It does seem like a conflict because one attorney is representing two people in the same case. The defendants can waive the conflict and allow such dual representation and this might have happened. Did it?

Whether your boyfriend should be offered the same deal as the other defendant is very difficult to answer without reading the police report and knowing the criminal history of your boyfriend and his co-defendant.

As to getting free legal services, tell you boyfriend to ask the judge for an alternate public defender.

Mark as helpful

2 found this helpful

13 lawyers agree

1 comment

Asker

Posted

no there was not any waiver, our biggest problem we are stuck on is that his co defendant was the one driving the vehicle my boyfriend was the passenger and the co defendant has already been offered a deal and sentenced but my boyfriend is barley going to court. he isn't being asked if he knows anything about the charges or if he would like to waive time they are automatically assuming he is guilty and forgetting that he does have a co defendant and shouldn't he be appointed street counsel.

Posted

Unless there was a waiver to conflict free counsel, then an attorney should not be representing both defendant in the same case.

As to being offered the same deal, this does not always occur, as each defendant has their own set of circumstances. For example, one may have a prior prison term that increases punishment, one may have other types of priors that enhance sentencing, one may be on probation, there are just too many variables.

Mark as helpful

12 lawyers agree

1 comment

Asker

Posted

ok so if my boyfriend had a prior probation term of a 5year joint suspension but the term already had lapsed and was given to him by a different county, can this county that he is in (which isn't his home county he was out of town) try to use that joint suspension in this case after it no longer applies.

Posted

It sounds strange. You and your boyfriend need to raise the conflict issue with his current counsel and if necessary, your boyfriend may need to raise it with the judge. As far as getting the same deal, that depends on many factors that only his attorney knows about.

Mark as helpful

13 lawyers agree

Posted

Generally Public Defender office have a system to check conflicts. Either they missed it or had waiver. You need to bring this to the attention of PD.

Mark as helpful

9 lawyers agree

Posted

Usually, they run a conflict check and if a true conflict is there, they will give it to the alternate public defender or to indigent criminal defense appointments (bar panel). If the lawyer stays on the case, I would obtain a private lawyer or ask for APD or BP because there are too many things that could go wrong, even with a conflict waiver. LAW OFFICES OF VICTORIA CLEMANS (310) 803-9111.

This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.

Mark as helpful

9 lawyers agree

Posted

I agree with counsel, this should be brought up to the attention of the District Attorney and Public Defender Chiefs for that county. The PD may have gained information that is working against your BF because of his biases.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

Mark as helpful

7 lawyers agree

Civil rights topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics