Can prosecutor against me in my criminal case involving my child represent my parents in the custody case involving that same child?

[Shadowbunny]

Yes but he offered me 3 years Felony probation even tho cps found me not at fault. Refuses to ask it to be dismissed. He and the PA are friends.

Criminal cases are no place for a DIY project. And the court-appointed attorney being friends with the prosecutor is not at all unusual. It doesn't mean they are in cahoots.

 

[Wonder81]

Are you located near Little Rock or Fayetteville?

3 hrs from LR

 

[Wonder81]

Criminal cases are no place for a DIY project. And the court-appointed attorney being friends with the prosecutor is not at all unusual. It doesn't mean they are in cahoots.

Then he should do his best to defend me, not make the state money off a case that should be dropped.

 

[Wonder81]

Here is a link to Arkansas' Conflict of Interest rule:
https://www.law.cornell.edu/ethics/ar/narr/AR_NARR_1_07.HTM

Thank u so much

 

[quincy]

3 hrs from LR

Are you out on bail in the criminal case?

Although Little Rock would not be a short drive for you, you might want to contact the University of Arkansas at Little Rock, William Bowen School of Law, and ask for assistance or direction.

In addition, you perhaps can have the prosecutor's actions investigated by filing a complaint against him. Here is a link to the Arkansas Bar Association with information on filing a complaint: https://www.arkbar.com/for-public/faqs#LawyerComplaint

You could also request of the judge a change of public defender if you do not believe your current one is representing your best interests. A substitution of attorney is left to the judge's discretion.

It is hard to know exactly what is going on in your case. The prosecuting attorney appears to be behaving outside the professional norm. Although rogue attorneys are not unheard of, they are rare enough that a personal review of the facts of your case seem warranted.

Good luck.

 

[Taxing Matters]

You should seek out an attorney's help. You are correct in believing there could be a conflict of interest.

I'm not seeing the conflict of interest on the part of the prosecutor here. Conflicts of interest are generally those things that might cause the attorney to be less than zealous in the representation of the client or that would result in the use of confidential information about one client against another. Neither of those situations are present here. There might be other ethical problems here, however, in particular the prosecutor's potential abuse of his office to further the civil claim.

 

[quincy]

I'm not seeing the conflict of interest on the part of the prosecutor here. Conflicts of interest are generally those things that might cause the attorney to be less than zealous in the representation of the client or that would result in the use of confidential information about one client against another. Neither of those situations are present here. There might be other ethical problems here, however, in particular the prosecutor's potential abuse of his office to further the civil claim.

I said there "could be" a conflict of interest.

A lot of (probably important) facts are missing from Wonder's story, including how and why he became involved with CPS, and what reason or reasons the prosecutor has for pursuing felony charges against Wonder (other than a criminal conviction apparently will benefit the prosecutor's clients in a civil case).

Wonder might want to try talking to his public defender again, first, to see if he can get a better understanding of the criminal charges and the plea bargain that was offered.

There appear to be enough questions raised by the prosecutor's handling of both the criminal case and the civil case that a personal review by a different attorney in Wonder's area seems a good idea.

 

[PayrollHRGuy]

There might be other ethical problems here, however, in particular the prosecutor's potential abuse of his office to further the civil claim.

That's the part that would concern me.

@Wonder81
Is the PA in question the elected PA for the judicial district or one of the deputies. If a deputy you should contact the elected prosecutor and ask that he be replaced. If the elected you are going to need to file a motion that the PA recuse himself. You need a defense lawyer.

 

[quincy]

That's the part that would concern me.

@Wonder81
Is the PA in question the elected PA for the judicial district or one of the deputies. If a deputy you should contact the elected prosecutor and ask that he be replaced. If the elected you are going to need to file a motion that the PA recuse himself. You need a defense lawyer.

Wonder has a defense attorney. He has a public defender.

Wonder is not convinced his public defender is doing all that he should be doing to defend Wonder against the (possibly bogus) charges, though.

 

[Wonder81]

That's the part that would concern me.

@Wonder81
Is the PA in question the elected PA for the judicial district or one of the deputies. If a deputy you should contact the elected prosecutor and ask that he be replaced. If the elected you are going to need to file a motion that the PA recuse himself. You need a defense lawyer.

Deputy PA. And yes, bogus charges. CPS cleared me . Made an appearance at court today, got assigned PD , who refuses to raise questions about PA defending opposing party. And I'm the mother, my 16 yr old son beat me up. (J's) fyi

 

[Wonder81]

Wonder has a defense attorney. He has a public defender.
Deputy PA. And yes, bogus charges. CPS cleared me . Made an appearance at court today, got assigned PD , who refuses to raise questions about PA defending opposing party. And I'm the mother, my 16 yr old son beat me up. (J's) fyi
Wonder is not convinced his public defender is doing all that he should be doing to defend Wonder against the (possibly bogus) charges, though.

 

[Wonder81]

That's the part that would concern me.

@Wonder81
Is the PA in question the elected PA for the judicial district or one of the deputies. If a deputy you should contact the elected prosecutor and ask that he be replaced. If the elected you are going to need to file a motion that the PA recuse himself. You need a defense lawyer.

Deputy PA. I contacted PA, secretary told me it's not a conflict and refused to let me speak with PA

 

[Wonder81]

I'll speak with my Public "pretender" next week.

 

[Just Blue]

Deputy PA. I contacted PA, secretary told me it's not a conflict and refused to let me speak with PA

Refused? Really??

 

[quincy]

Thank you for the additional information.

The prosecutor's office is not going to see a conflict. If your public defender does not see that the prosecutor's representation of the grandparents in the civil action is a problem, though, it probably is not a problem you should worry about.

I recommend you concentrate instead on the criminal charges and how you can defend against them. Be sure to provide your attorney with all evidence you have and a list of any witnesses who can support your defense.

You can review all facts with another attorney if you have any doubts that your public defender is not representing you well.

Good luck.