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  1. #1
    Join Date
    Jan 2019
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    24

    Default Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

    My question involves criminal law for the state of: Alabama. My previous court-appointed lawyer withdrew off my case and the judge give me another one which is the municipal court prosecutor of the city that I got my charges from. Is this possible?

  2. #2
    Join Date
    Jul 2010
    Posts
    7,626

    Default Re: Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

    Are you being tried in the city municipal court? If not, there isn't really anything improper about the prosecutor acting as your lawyer. Might even be helpful. If you are being tried in municipal court, who is going to be prosecuting you if that person is representing you?

    It sounds like this person is probably in the rotation for acting as court appointed counsel and it's just their turn. They are required to represent you just as they would any other defendant.

  3. #3
    Join Date
    Jul 2018
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    1,540

    Default Re: Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

    If it happened, then it is, by definition, possible.

    If your intent was to ask whether it's legal, the answer is probably, but it depends on a number of facts you didn't share with us. Did you object to the appointment and ask that someone else be appointed?

  4. #4
    Join Date
    Jan 2019
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    24

    Default Re: Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

    I'm being charged in circuit court and he's the prosecutor of the city that's charging me. He represents the same officers that arrested me and he asked me to sign a conflict of interest waiver but I stated in court on the records that I was not signing anything that would jeopardize me from having a fair and impartial trail. So can he still represent me or are there ethics code being violated?

  5. #5
    Join Date
    Jul 2018
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    1,540

    Default Re: Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

    When you refused to sign the conflict waiver, then what happened? Did you ask that someone else be appointed? If not, why not? If so, what response did you receive?

  6. #6
    Join Date
    Jan 2019
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    24

    Default Re: Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

    The judge said he was the only appointed lawyer left,like it was some kind of joke. I'm the first person that the courts have ever appointed him too in my county.

    It's three cities in my county and my court-appointed lawyer is the municipal court prosecutor of two. He has worked hand to hand with my accusers on several case in my county.This seem to me that this is a severe conflict of interest.

  7. #7
    Join Date
    Oct 2016
    Posts
    3,143

    Default Re: Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

    Well, think of it this way. If he screws up your case you have something you can file an appeal on.

    Half the Prosecutors in my county are part-time. Guess what they do the rest of the time? They are defense attorneys.

  8. #8
    Join Date
    Jan 2019
    Posts
    24

    Default Re: Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

    He's not doing nothing. I asked him to subpoena the 911 call and dash camera of arresting officer and he haven't did nothing yet.What do I need to do?

    Still searching for a answer..Can anyone give me so some assistance.

  9. #9
    Join Date
    Sep 2005
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    98,846

    Default Re: Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

    Your lawyer does not have to do everything that you demand -- some demands are not going to be reasonable, will not be supported by law, or represent a request to do something that is unnecessary or even potentially harmful to the defense.

    If you believe that there are grounds to subpoena recordings and your lawyer disagrees, ask your lawyer to explain. Perhaps the lawyer has already filed to obtain the recordings through discovery.

  10. #10
    Join Date
    Jan 2019
    Posts
    24

    Default Re: Can My Court-Appointed Lawyer Be the Municipal Court Prosecutor of the City

    My lawyer hasn't filed no motions or subpoenas.

    My question is can he represent me and he represented the same officers that charged me and they are good friends.

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