Saturday, August 21, 2010

Is it legal for a state prosecuter to discuss a case with the defense attorney?

Is it legal for a state prosecuter and defense attorney to discuss the case out of court? I found out the Defense Attorney was requesting to meet the State Attorny ( prosecuter ) assigned to the case in which I am a victim in, out of court. The Defense Attorney also stated to say '; HI'; to the state attornys sister ( conflict of interest?)Is it legal for a state prosecuter to discuss a case with the defense attorney?
Of course that's legal. The only rule is against the prosecutor speaking directly to the accused without his/her attorney present. As the other poster noted, almost all plea bargains are reached outside of court in an informal setting. Attorneys from both sides frequently talk to each other during their cases - both criminal and civil.





As for the prosecutor saying his to the defense attorney's sister, well, all I can guess is that its a small town or they are in some way acquainted. In my town, I know quite a few close family members of attorneys I routinely practice against. Its not a show of bias, its just because its a smaller town and I routinely see these people at restaurants, bars, etc. and say hi to be polite.Is it legal for a state prosecuter to discuss a case with the defense attorney?
Not only legal, it is proper. That is how plea arrangements are reached.
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