Is there a conflict of interest if a DEA agent is married to the prosecuting attorney? - Criminal Law Questions and Answers- LawQA.com

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Is there a conflict of interest if a DEA agent is married to the prosecuting attorney?

My home got raided because of a smell that they mever did find a reason. one of the DEA agents that was here is married to the prosecuting attorney of the same county I live in. Can the whole thing be thrown out for conflict of interest?

Clifford Clendenin & O'Hale, LLP
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Not likely. The DA may have to recase themselves but in reality that probably won't be necessary either. You would have to show that their relationship somehow impacted you negatively or violated your constitutional rights.

Answer Applies to: North Carolina
Replied: 6/13/2011

Answer By Michael Palumbo
Palumbo and Kosofsky
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No there is not a conflict of interest if a DEA agent is married to the prosecuting attorney.

Answer Applies to: New York
Replied: 5/9/2011

Law Office of Peter F. Goldscheider
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Probably not although the prosecutor should not be handling any case in which her husband is involved. If that occurred in your case, you might be able to attack the results of the search at the time your case is litigated.

Answer Applies to: California
Replied: 4/23/2011

Answer By Maury Beaulier
Beaulier Law Office
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The relationship between the prosecutor and agent is not a conflict of interest since they have the same interests in the case. A relationship between the defendant and the agent or a Judge and the agent would be a conflict of interest

Answer Applies to: Minnesota
Replied: 4/22/2011

Harris Law Firm
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If the DEA is investigating your for crimes, those cases would be filed and dealt with in Federal Court. If the DEA agent is married to a Federal Prosecutor, that may be a conflict. However; if the DEA agent is married to a county or city prosecutor, that would not create a conflict.

Answer Applies to: Oregon
Replied: 4/22/2011

Answer By Craig Andersen
Andersen Law PLLC
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No, the conflict of interest would have to affect your interest adversely. You don't have any interest vis a vis the DEA or the prosecutor's office. Your best bet would be to hire a good attorney and challenge the search. Other than that, I don't have enough information from you to comment any further. Please do feel free to contact me should you wish to discuss this situation further.

Answer Applies to: Washington
Replied: 4/22/2011

Law Office of Geoffrey M. Yaryan
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A possible conflict of interest ,as you describe, without something more will not result in the case being thrown out.

Answer Applies to: California
Replied: 4/22/2011

Law Office of Eric Sterkenburg
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The answers to the questions are based upon the facts given. Wrong or incomplete facts may affect the vitality of the answer.

There is no conflict of interest if the IO and the DA are married.

Answer Applies to: California
Replied: 4/22/2011

Answer By Seth J. Bloom
Bloom Legal, LLC
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This certainly sounds as though it could constitute a conflict of interest. It is impossible to determine with complete accuracy from this basic information provided but at the very least it could be possible to have a new prosecuting attorney assigned to the case or have the DEA agent's testimony ruled inadmissible in court.

These are all things that you should consult directly with your defense attorney about as they will be able to file the appropriate motions with the court. If you do not yet have a defense attorney working on your case, we invite you to contact our firm at the information on this page for a free case evaluation to determine whether or not we would be able to assist you in this matter.

Answer Applies to: Louisiana
Replied: 4/22/2011

Law Office of Jonathan T. Sarre
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I wouldn't think that there's an obvious conflict of interest, although in some jurisdictions, the DA's office will seek to screen cases so if the arresting officer and the prosecutor are romantically involved, they don't work on the same case together.

Answer Applies to: Oregon
Replied: 4/22/2011

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