If your public defender on a case was a prosecuting attorney against you in another case about a 1 1/2 years ago, is this cause for dismissal?

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If your public defender on a case was a prosecuting attorney against you in another case about a 1 1/2 years ago, is this cause for dismissal?

My fiance just got sentenced to 2 years on a probation violation.

Asked on April 22, 2019 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

 No, it is not grounds to dismiss the case, since this has no bearing on the validity of the charges or on any evidence against your fiance. It MAY be grounds to appeal this sentence and get it reversed and "remanded," or sent back for a new proceeding with your fiance havin a new attorney. It's possible that your fiance will have a better outcome if that happens--or your fiance may get the same sentence or even possibly a worse one. So at best, your fiance can get a "do over" with a new attorney, but the outcome is not guaranteed.


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