Would there be a conflict of interest if the prosecuting attorney and the defendant’s 9 year old children were friends?

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Would there be a conflict of interest if the prosecuting attorney and the defendant’s 9 year old children were friends?

I’m sure prosecutors have small connections to defendants all the time, but I don’t know at what point it becomes a conflict of interest. For me it’s honestly more awkward than anything else. Our kids are in the same class, have all the same friends, go to the same birthday parties and play dates. We don’t have a personal connection or relationship with the prosecutor, it’s just a weird situation to be in. It is an ongoing criminal case in pre-trial right now.

Asked on April 10, 2013 under Criminal Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The fact that the prosecutor's children and the defendant's children are friends would not appear to be a conflict of interest on the part of the prosecutor since there isn't anything else linking the prosecutor and defendant.  It is highly unlikely that that fact alone would have any effect or influence on the prosecutor's actions in the case.


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