Q: My husband's public defender for criminal charges filled in for a coworker to defend a co-defendent in my husband's case
She never got approved from my husband to represent his codependent prior or after to 7/13/20.Is this an error by his lawyer that would constitute a dismissal of my husband's case?
A: If your husband and a co-defendant are both being represented by the public defenders office, THAT is a problem. The PD cannot merely assign two separate attorneys to co-defendants. The court must appoint conflict counsel to one of the defendants from outside the PD's office.
Your husband does not win dismissal but this situation should be addressed immediately.
A: When there is a conflict of interest with the Public Defender's Office, then an attorney from the Legal Defender's Office will usually be appointed. The Legal Defender's Office also provides court-appointed attorneys to defendants who financially qualify. This is an issue that should be addressed with your husband's current attorney and potentially the court.
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