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  1. #1

    Default Conflicts of Interest for Criminal Defense Lawyers

    My question involves criminal law for the state of: South Carolina


    A.) Could it affect the Integrity of a Criminal Case if the Defendants Attorney is connected with the Prosecuting Solicitor or Assistant Solicitor through any way other than Case at hand? ( I.E. Social Media,Etc.)

    B.) Could it affect the Integrity of a Criminal case if the Defendants Attorney is connected to the Plaintiff in any way? ( I.E. Social Media,Etc.)

    C.) Is the Police Report considered a Legal Instrument or an Official Document that can be admissible in the Court of to back up a False Charge?


    ***Any info. or Case #s would be greatly appreciated***

    Thank You

  2. #2
    Join Date
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    Default Re: Breach of Trust

    So far you haven't shared any facts and your questions sound like the foundation of a baseless conspiracy theory. If you want "case law" about something, you need to ask a much better question.

    There is no "plaintiff" in a criminal case.

  3. #3
    Join Date
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    Default Re: Conflicts of Interest

    It is not a prohibited conflict of interest for the prosecutor in the case to know the defendant’s attorney. It is not a prohibited conflict of interest for the defendant’s attorney to know the victim in the case, either. Beyond that, the details of the connection between the defense attorney and the prosecutor or victim would matter. It becomes a problem if the relationship is sufficiently close that the defense attorney might compromise his/her efforts to vigorously defend his client.

    Generally speaking the police report is not admissible evidence against the defendant in the trial related to the events described in the police report. The officer who made the report would instead need to testify about what he or she saw and did.

  4. #4

    Default Re: Conflicts of Interest

    Quote Quoting Taxing Matters
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    It is not a prohibited conflict of interest for the prosecutor in the case to know the defendant’s attorney. It is not a prohibited conflict of interest for the defendant’s attorney to know the victim in the case, either. Beyond that, the details of the connection between the defense attorney and the prosecutor or victim would matter. It becomes a problem if the relationship is sufficiently close that the defense attorney might compromise his/her efforts to vigorously defend his client.

    Generally speaking the police report is not admissible evidence against the defendant in the trial related to the events described in the police report. The officer who made the report would instead need to testify about what he or she saw and did.
    Police statements/report is evidence,it is what the prosecution is basing their evidence on police reports of course the police officer would have to testify to verify what the report said,but any report or documentation in court is considered evidence and can/will be used against you in the court of law.

  5. #5
    Join Date
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    Default Re: Conflicts of Interest

    Quote Quoting someguyfrommars2009
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    Police statements/report is evidence,it is what the prosecution is basing their evidence on police reports of course the police officer would have to testify to verify what the report said,but any report or documentation in court is considered evidence and can/will be used against you in the court of law.
    Uh, that's the same point that TM made:

    Generally speaking the police report is not admissible evidence against the defendant in the trial related to the events described in the police report. The officer who made the report would instead need to testify about what he or she saw and did.

  6. #6
    Join Date
    Oct 2014
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    8,238

    Default Re: Conflicts of Interest

    Quote Quoting someguyfrommars2009
    View Post
    Police statements/report is evidence,it is what the prosecution is basing their evidence on police reports of course the police officer would have to testify to verify what the report said,but any report or documentation in court is considered evidence and can/will be used against you in the court of law.
    No, not so. The police report is not admissible evidence. That the police report may be part of the information provided to the prosecutor to help him/her decide whether to file charges does not mean it is admissible in court against the defendant. Police reports are heresay under the rules of evidence in pretty much every state and thus not admissible in court unless some exception to the hearsay rule applies, and that is pretty rare. Instead, the officer who made the report would have to testify, and he or she may only testify to those things he or she personally witnessed. In general, the only use of the police report at trial is by the defendant to impeach the officer’s testimony in court. It is not admissible evidence and cannot be used by the state against the defendant.

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