Can a defense attorney represent you if they have vested interest in the business that pressed charges?

UPDATED: Sep 30, 2022

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Can a defense attorney represent you if they have vested interest in the business that pressed charges?

I just recently found out that the attorneys I had for a criminal charge had
vested monetary interest in a hotel that was pressing charges for a bad check
case. The case was upgraded to a felony after the prosecutor asked the bank to
send any, or all checks that came in even if the business or persons didn’t press

Asked on February 9, 2017 under Criminal Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have grounds for an appeal of the conviction because the defense attorney(s) representing you did not disclose their conflict of interest.
The defense attorney(s) should have disclosed the conflict of interest to you in writing and informed you that you had the right to discuss the matter with another attorney and decide whether you wanted to continue having your original attorneys represent you or change attorneys.
You might also want to file a complaint with the Wisconsin State Bar regarding the failure of your attorneys to disclose their conflict of interest.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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