If someone that represented you in the past as your public defender is now the prosecutor on your present case. is this conflict of interest in VA?
Asked on Apr 16th, 2012 on Criminal Law - Virginia
More details to this question:
So they were my boyfriends public defender a few years ago now they work for the commonwealth of VA as a prosecutor and were assigned his case and he knows alot about him from their previous attorney-client relationship that a prosecutor wouldn''t normally know about a defendant. Isn''t this a conflict of interest?
Not necessarily. If the matter is not related, and the knowledge that the former public defender has does not unduly benefit the Commonwealth, then there may be no conflict. This is tricky - you should advise your current defense attorney.
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