Is there a conflict of interest when PD in a DWI case later becomes the prosecutor and you are charged with a violation on the original charge?

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Is there a conflict of interest when PD in a DWI case later becomes the prosecutor and you are charged with a violation on the original charge?

Convicted on said charge? Is there grounds for appeal?

Asked on December 15, 2010 under Criminal Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that what you are saying is that you believe that the Prosecutor should have disqualified - or recused themselves - in the matter due to some form or a duty of loyalty to the person who is being charged.  I do not think that there is that situation here where there is a duty of loyalty owed to you by the person who became the prosecutor in the case.  Were you represented by counsel in this matter?  If you were charged in a criminal matter and could not afford an attonrey then one should have been appointed on your behalf.  Speak with your attorney on the matter and straighten things out.    


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