Legal Question in Criminal Law in Iowa

My nephew was charged with 1st Degree Burglary and 2nd Degree Robbery in 2009. He was one day shy of his 18th Birthday, no priors and the prosecutor went for the maximum of 30 years. During the trial our defense attorney was told to stop his relationship with a prosecuting attorney and my nephews court records show a "conflict of interest". Now, my nephew was arrested for suspicion of burglary and his probation has been revoked. Do we keep the same attorney since he is familiar with the case or do we hire a new attorney and can the first trial be reviewed and/or appealed?

Asked on 9/26/11, 2:14 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Hiring an attorney where there is a known potential conflict of interest would require you to waive the conflict-and I suspect it will be inadvisable to do so. The time to appeal the judgment in the previous trial is probably past. However there is the possibility of filing an action for post conviction review. If your nephew's being revoked, that is a very low standard and all that will be necessary is to show that he's been convicted on a new case. Defending the new case is the one that is important here because that is what the revocation hinges on.

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Answered on 9/27/11, 7:37 am

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