Skip to main content

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

Powder Springs, GA |

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

Posted

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."

Mark as helpful

1 found this helpful

4 lawyers agree

4 comments

Asker

Posted

You most know of the da I speak of they are saying they will try to over come conflict motion using Chinese wall but Vic has represent this defendant on a dead docket case and 2 co defendants that he has plea out to testify on defendant do you think judge will let them use this Chinese wall

Bert W. Cohen

Bert W. Cohen

Posted

No. they will have to use a special prosecutor.

Asker

Posted

Will county have to foot bill for special prosecutor if its aig office

Bert W. Cohen

Bert W. Cohen

Posted

Probably not.

Posted

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.

Mark as helpful

1 found this helpful

3 lawyers agree

3 comments

Asker

Posted

We would prefer the entire da office conflicted do to his involvement of case

Asker

Posted

Who would have to foot the bill if the aig office prosecuted the case

Amanda Michelle Grantham

Amanda Michelle Grantham

Posted

I would be shocked if a judge did not grant the motion to recuse. Very likely you will get your wish. Good luck.

Posted

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

Mark as helpful

3 lawyers agree

Posted

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.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Mark as helpful

1 found this helpful

1 lawyer agrees

Criminal defense 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