Can I be a dual power of attorney for the defendant and still be a witness in their criminal case?

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Can I be a dual power of attorney for the defendant and still be a witness in their criminal case?

Asked on August 20, 2015 under Criminal Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you legally have a POA for the defendant by which I assume you mean that you are their "attorney-in-fact" or agent and be a witness in their criminal case the one does not preclude or bar the other. It is a relevant fact, however, since it shows a certain close and/or trusted relationship between you, and, as such, can be used to "impeach" or otherwise judge your testimony clearly, as someone holdling a POA from the defendant, you are not a neutral, unbiased third party, and that will be a factor in the court evaluating your testimony.


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