Q: How to address potential conflict of interest in minor's custody and theft case in CO?
I'm the legal guardian of my 17-year-old grandson who ran away in October and was later charged with theft while staying with a friend's family. I contacted CPS/DHS for help, and despite my requests, his public defender advised against a drug test, even though I have evidence suggesting marijuana use due to his poor grades and attendance. I suspect that my grandson may have informed the people he's staying with about potential drug use, prompting contact with his public defender. I believe this might constitute a conflict of interest, as the custody case should take priority and remain separate. What can I do to ensure that my concerns are addressed, and my grandson receives the necessary help?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like you're in a tough situation with your grandson, and addressing the potential conflict of interest in his case is important. If you believe the public defender may be conflicted, the first step is to have a candid conversation with them. Express your concerns about the custody case and the potential influence of the people he’s staying with on his defense. This conversation can help clarify whether there is a conflict and what steps can be taken to ensure your grandson's interests are fully represented.
Additionally, you can request a meeting with the court or the judge overseeing your grandson's case. You can explain your concerns about his potential drug use and the need for him to receive the appropriate treatment, including a drug test. This could help refocus the case on his well-being, rather than allowing external factors to interfere with his legal representation.
If you continue to feel that there is a conflict of interest or that your grandson’s needs aren’t being addressed, consider seeking advice from a family law attorney who can advocate on his behalf. This might ensure that his custody situation and legal issues are treated separately, with each case receiving the attention it deserves.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
