QUESTION

Is it legal for a defense attorney working as a prosecutor at the same time?

Asked on Jan 04th, 2013 on Criminal Law - Utah
More details to this question:
When I hired my lawyer, I expected better. He told me he could not go into my grand jury if I testified on my behalf also that there was no specialist to testify. He also said that I wasn’t entitled to an investigation. All that he told me is false. I found out when I hired a different lawyer. I find out and see that he works for the district attorney’s office as an ADA and special prosecutor. Shouldn’t I been told this by him when I hired him? I think this is a conflict here. Is this legal he did nothing for me. I think I should ask for a refund. What do you think? Thank you for your time.
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4 ANSWERS
Answered on Jan 13th, 2013 at 7:36 PM
You are NOT entitled to testify before the grand jury unless you are a public official or a police officer. It sounds like your new attorney has no clue what he is talking about.

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Michael J. Breczinski
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Answered on Jan 10th, 2013 at 10:24 PM
No it is not ethical to work as a prosecutor and a defense attorney at the same time.? I would ask for my money back.

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Answered on Jan 10th, 2013 at 10:17 PM
The scenario you describe is new to me. Although a Special Prosecutor can be and sometime is a Defense Attorney in private practice who handles a particular case on a one-time basis, a defense attorney working part-time for the D.A.'s Office as an Assistant District Attorney and part-time in his own practice as a criminal defense attorney is highly unusual and something I have never come across. If you are presently being represented by another attorney, I suggest that you speak to him/her about this.

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Answered on Jan 10th, 2013 at 10:14 PM
Yes, that sounds improper. You should be able to argue that you were given ineffective assistance of counsel to get a new trial.

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