Binghamton, NY asked in Criminal Law for New York

Q: Is it legal for a state police investigator to take a case from a family member that works for a business

A friend was arrested for grand larceny .he admitted to the crime after he was sentence he realized the arresting officer was the nephew of the complaintant wondering if this is legal I'm thinking it should be a conflict of interest

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1 Lawyer Answer
Elena Fast
Elena Fast
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: I don't think it's illegal per se to be the arresting officer on a family member's case. However, if the investigation was somehow skewed or done improperly, that is problematic. Since your friend took the plea, I assume he reviewed the discovery and went over the case with his attorney. Your friend should consult another attorney if he believes that this conflict of interest somehow may have impacted his case. There may be a way to take the plea back, but that will require a motion.

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