Private attorney got elected as da to take office in jan he has represented defendant on other case is currently represented

Asked 6 months ago - Powder Springs, GA

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Co defendants in current case when he gets in office and conflict motion is file can da use Chinese wall instead of conflict out of this case

Attorney answers (4)

  1. Pro

    Contributor Level 11

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    Answered November 13, 2012 19:29. A special prosecutor, probably an assistant DA from a nearby county, will be appointed and will prosecute all defendants in the entire case. No "chinese wall."

  2. Contributor Level 8

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    Answered November 13, 2012 19:30. I believe that the entire office should be recused. There is an excellent argument that a Chinese Wall would be insufficient in this case because he is the elected official and head of the office. If the DA does recuse the entire office, a special prosecutor will be brought in from another county. I assume you would like the DA off the case based on your question but, if I am wrong and you want the DA office to handle the case, then no motion needs to be made. Hope this helps.

  3. Contributor Level 15

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    Answered November 14, 2012 00:51. DA can not be involved in case if I understand the situation correctly.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033
    404-636-6616

  4. Pro

    Contributor Level 20

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    Answered November 18, 2012 17:34. Assuming the DA doesn't make the motion himself, it's pretty obvious either of the defendants, if they have counsel, will move to disqualify the DA, and a special prosecutor will be appointed.

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