Legal Question in Criminal Law in Virginia

The state is prosecuting a man because he forged DMV docs and other charges. The person who filed the original complaint that triggered his possible conviction does not want to testify but was subpoenaed by the prosecution. The prosecution just found out that their is a conflict of interest because the prosecution witness has been represented by the defendants attorney before. The witness is the defendants daughter. The daughter knows he did something illegal and wrong but she doesnt want to see her dad go to jail. Why was the prosecuter excited about the fact that there is a conflict? I want to see this criminal be put where he has needed to be for a long time!!!!


Asked on 2/28/11, 4:59 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Conflict of interest you claim? Merely because this prosecution witness was at one time represented in some legal matter in the past by the defendant's current defense counsel and is in fact the defendant's daughter in no way necessarily implies that whatever conflicting interests that there might be in the situation described that they are necessarily disqualifying and consequently that the prosecution witness should be barred from testifying. No, not the case at all.

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Answered on 2/28/11, 5:43 pm


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