QUESTION
Is there a conflict of interest if a DEA agent is married to the prosecuting attorney?
Asked on Apr 20th, 2011 on Criminal Law - California
More details to this question:
My home got raided because of a smell that they mever did find a reason. one of the DEA agents that was here is married to the prosecuting attorney of the same county I live in. Can the whole thing be thrown out for conflict of interest?
18 ANSWERS
Not likely. The DA may have to recase themselves but in reality that probably won't be necessary either. You would have to show that their relationship somehow impacted you negatively or violated your constitutional rights.
Answered on Jun 14th, 2011 at 9:01 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No there is not a conflict of interest if a DEA agent is married to the prosecuting attorney.
Answered on May 09th, 2011 at 4:01 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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This certainly sounds as though it could constitute a conflict of interest. It is impossible to determine with complete accuracy from this basic information provided but at the very least it could be possible to have a new prosecuting attorney assigned to the case or have the DEA agent's testimony ruled inadmissible in court.
These are all things that you should consult directly with your defense attorney about as they will be able to file the appropriate motions with the court. If you do not yet have a defense attorney working on your case, we invite you to contact our firm at the information on this page for a free case evaluation to determine whether or not we would be able to assist you in this matter.
Answered on Apr 24th, 2011 at 5:38 PM
Geoffrey MacLaren Yaryan
A possible conflict of interest ,as you describe, without something more will not result in the case being thrown out.
Answered on Apr 24th, 2011 at 5:37 PM
The answers to the questions are based upon the facts given. Wrong or incomplete facts may affect the vitality of the answer.
There is no conflict of interest if the IO and the DA are married.
Answered on Apr 24th, 2011 at 5:37 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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That is not a conflict that could result in the case not being prosecuted. At most, the office would just make sure that a different prosecutor was handling the case but even that isn't necessary.
Answered on Apr 22nd, 2011 at 2:49 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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There is no difinitive answer to your question that could be provided at this time on just this portion of the facts. More needs to be known. Typically DEA agents work for the federal government and unless the wife is a federal prosecutor there is likely little conflict. Conflict arises when both parties work directly with the same employer. If the drug agent was employed by a county agency from the same county where the wife was employed there MAY be some appearance of impropriety if a connection, beyond the mere fact of their marriage, is shownthat the agent obtained information as a result of his wife's employment or, if the wife was directly (not indirectly) involved in writing the warrant or issuing the charges. It usually takes an obvious conflict of severe impropriety in order to have all charges dismissed.
Answered on Apr 22nd, 2011 at 2:37 PM
Short answer - no. That is not a conflict of interest legally, and would not result in having the case thrown out. The best advice is for you to get a criminal defense lawyer immediately.
Answered on Apr 22nd, 2011 at 2:13 PM
William C. Gosnell
I believe that a DEA agent should not work on a case being prosecuted by his wife. Hire a criminal defense attorney immediately.
Answered on Apr 22nd, 2011 at 2:13 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Not if a different prosecutor handles the case if there is a case against you.
Answered on Apr 22nd, 2011 at 2:12 PM
No the whole thing shouldn't be thrown out.
Answered on Apr 22nd, 2011 at 2:03 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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A relationship between a cop and a prosecutor is not a conflict of interest in itself. I think to show a conflict, you would need to show something more, like the cop was giving the prosecutor access to stuff he shouldn't have seen, or the other way around.
Unless you can show they did something to conspire against you improperly, I don't believe a relationship between a cop and a prosecutor is automatically a conflict. Please feel free to call with any other questions or to schedule a free consultation.
Answered on Apr 22nd, 2011 at 1:54 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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Throw what out? Were you charged with a crime? In any case, the mere fact that the DEA agent is married to a prosecuting attorney in the same county doesn't make it a conflict of interest.
Answered on Apr 22nd, 2011 at 11:51 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Nice try, no brass ring. You have stated nothing that would be a conflict without actual evidence of bias or improper conduct in this case. There are many cross-discipline marriages in the legal profession, including judges, prosecutors, counsel, probation officers, police, etc. Many times married parties end up on different sides, generally without demonstrable conflict. It might require a disclosure to the jury, but it is not generally prohibited.
More to the point: What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me.
Answered on Apr 22nd, 2011 at 11:34 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Talk to your lawyer or the Public Defender. It most likely will not be thrown out but the attorney will have a field day cross examining the narc. Also you might be able toget the prosecutor taken off the case. Is this in federal court in Fresno by any chance. Several of the female DAs are married to narcs. I can't imagine what the attraction is.
Answered on Apr 22nd, 2011 at 11:33 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No. That really doesn't make any sense as DEA is Federal and a prosecuting attorney is State.
Answered on Apr 22nd, 2011 at 11:18 AM
Theodore W. Robinson
It's not actually a conflict of interest, however, even if it is, the prosecutor's office will simply shift your case to another US attorney or District Attorney and proceed. Consult with an experienced criminal defense attorney soon. Good luck.
Answered on Apr 22nd, 2011 at 11:10 AM
I have seen this scenario before and in prior cases it has been deemed a conflict of interest. This is particularly true if the relationship was not disclosed to the defense so that the potential bias can be presented to the jury during the course of the trial.
Answered on Apr 22nd, 2011 at 9:10 AM