If my lawyer is my co defendant's previous lawyer can I fire him for conflict of interest?
2 Answers from Attorneys
Sounds like a conflict of interest to me.
Your question raises various issues. Is your attorney appointed or retained? If the attorney is retained you may at any time hire a new attorney and fire the old. If the new attorney needs a continuance to prepare for trial he/she will have to make a showing of good cause to get the continuance but the conflict is probably good cause. If the attorney is appointed she/he should ask the judge to be released and a new attorney should be appointed.
Also your co-defendant's counsel may ask that you be appointed a new counsel since your current counsel may have confidential information received from your co-defendant in the previous representation that may now be used against your co-defendant. If none of this works you may contact the state bar.
Related Questions & Answers
How can they give me two charges possession of drugs and a concealed knife then i go... Asked 8/26/13, 6:15 am in United States California Criminal Law
A friend is being charged with kidnapping and robbery. The facts are he went to... Asked 8/26/13, 1:31 am in United States California Criminal Law
If a witness is telling 2 different stories at the preliminary hearing and another... Asked 8/25/13, 8:41 pm in United States California Criminal Law
I was cited and released last night my court date is 10/2/2013 i was charged with... Asked 8/25/13, 8:30 am in United States California Criminal Law
I was cited and released last night my court date is 10/2/2013 i was charged with... Asked 8/24/13, 11:06 pm in United States California Criminal Law