What happens when a criminal defendant has a conflict of interest with his court appointed attorney?

Asked over 2 years ago - La Grande, OR

My PD represented my children in a child dependency case. My PD's investigator is a retired Oregon State Police Detective of 30 years in the county im being tried in. He(PI) was the lead Detective that investigated the multiple sodomies of my 3 year old son in 2008 and insists he retired in 2006. The criminal case is cold and child welfare closed their case within 45 days. I am charged with assault 4(m) burglary 1(f) assault 4(f). The victim has recanted to the ADA. Each conference between my PD and the ADA results with my PD urging me to plea. At the second meeting between myself and the PD The PD stated she does not go to trial and rather settle. Also told me Assault 4(m) could not be compromised civilly.

Attorney answers (1)

  1. Jay Bodzin

    Contributor Level 20

    Answered . Some Oregon counties maintain a 'conflicts docket' of one sort or another, to refer attorneys to clients who can't be represented by the main defender's office.

    In any case, a lawyer can't ethically represent a client in the presence of a conflict. If they persist, it could potentially be the basis for overturning the conviction. You should consult with a private counsel, if this continues to be a problem. You can call the Oregon State Bar for a free referral at 503-684-3763.

    Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are... more

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