I moved this to constitutional law. It is less a privacy question and more a constitutional one. IF the conversation took place at the police station in the interrogation room, your right to privacy would be severely reduced, if not eliminated.
See a criminal defense lawyer now. OR maybe one will answer this question.
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Now, it is impossible to know what the facts really are on this matter and their are huge holes in your recitation. However, I can give you some idea of what I think from a hypothetical situation. Normally the defense attorney (if there was a violation of attorney-client privilege) would have to do a motion to suppress any statements which were overheard and any fruits of the violation of the 6th amendment. I would think that the attorney might argue that the Commonwealth Attorney's mere involvement in the activity may give him/her a unique advantage and, therefore, they should be conflicted out of the case. Also, there is a possibility that the defense attorney would make an ethics complaint against the Commonwealth Attorney, and that also lend a layer of conflict on this matter. However, it is not good to be a backstreet driver on this stuff. Sometimes, people think things have happened which have not. Hopefully you trust the defense attorney and they are doing the right thing. If not, fire the attorney and hire another.
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