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Here's what I've got: Case 1 has been indicted as a kid sexual asslt. Subsequently, new cases have been filed on the victim in Case 1 for sexually assaulting a different set of kids. The new case has yet to be indicted. Am I conflicted out of prosecuting case 1 and case 2 since the victim in one is now a defendant in another and both are still pending? Or, am I allowed to proceed on one of the two, but the other must go to a different prosecutor in the same office or a different office all togehter. Anyone have any ideas or any cases that might shed some light on this mess I've got. | ||
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Member |
I'm not sure there's a conflict there. It would be like a theft victim being charged with theft in a separate incident. It certainly has the potential to affect the victim's credibility, but I'm not sure it's a conflict. I would exercise caution in that when you talk with the victim (case 1) you ensure that his attorney is aware that you are ONLY talking about the case in which he is a victim, and not the case in which he is accused. The attorney may want to be a part of those conversations, but that would be true of any witness who also has criminal charges pending or potentially pending. | |||
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