Louisville, KY asked in Criminal Law for Indiana

Q: Is there a conflict of interest if the victim on my case works in the prosecutor's office that prosecuted me

I was prosecuted by this prosecutor and found guilty I didn't find out that she worked for him until after I was convicted and sent to prison

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2 Lawyer Answers
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: You should contact an appellate attorney who is familiar with post conviction relief (PCRs)

Joel D. Hand
Joel D. Hand
Answered
  • Criminal Law Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: While I hate to answer your question with a question, it is very important to know whether or not your attorney knew about the employer/employee relationship between the prosecutor and the victim. Even if your attorney did not know about that relationship, it still may not be a conflict that would necessarily cause your conviction to be overturned but it could be depending on all of the facts and circumstances of your case and trial. You really should discuss this situation with your attorney, or, if you prefer to talk with an attorney other than the one who handled your trial, you really should obtain an initial consultation with an experienced criminal appellate attorney to discuss this as a possible appeal.

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