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Waiver Of Conflict Of Interest (CJA) - Idaho
| Waiver Of Conflict Of Interest (CJA) Form. This is a Idaho form and can be used in District Court Federal . |
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UNITED STATES DI STRI CT COURT DISTRI CT OF IDAHO UNITED STATES OF AMERI CA ) Plaintiff, ) Case No.: vs. ) ) WAIVER OF CONF LICT ) OF INTEREST ) ) Defendant(s).) ____________________________________) STATE MENT The United States Constitution gives every criminal defendant the right toeffective assistance of counsel. When one lawyer represents two or more defendants in aconspiracy case, the lawyer may have trouble representing all of the defendants with the samefairness. This is a conflict of interest that denies the defendant the right to effective assistanceof counsel. In conspiracy cases such conflicts are always a potential problem because differentdefendants may have different degrees of involvement. Each defendant has the right to a lawyerwho represents him/her and only him/her. This kind of conflict of interest can be dangerous to a defendant in a number ofways. A few examples are: The Government may offer to recommend a lesser sentence to one defendant if he cooperates with the Government. His lawyer ought to advise him on whether or not to accept the offer. But if the lawyer advises him to accept the offer, it may harm the cases of the other defendants, who are also his clients. The Government might let a defendant who is not as involved as other defendants plead guilty to lesser charges that the other defendants. After the guilty plea, however, the Government may require the defendant to testify. The lawyer who represents more than one defendant might recommend that the first defendant not plead guilty to protect the other defendants he represents; or the lawyer might recommend that the first defendant plead guilty, which might harm the cases of the other defendants. <<<<<<<<<********>>>>>>>>>>>>> 2 Sometimes one of the defendants represented by a lawyer will take the stand to testify in his own behalf. In order to represent the other defendants fairly, the lawyer should question the defendant on the stand as completely as possible. However, he may not be able to do that because he cannot ask the defendant about anything that defendant has told him in confidence. In a conspiracy case, the best defense for a single defendant often is the argument that while there may be a conspiracy and the other defendants may be guilty, he is not a part of the conspiracy and is not guilty. A lawyer representing two or more defendants cannot effectively make such an argument. Evidence that helps one defendant might harm another defendants case. When one lawyer represents two or more defendants, he might offer or object to evidence that could help one defendant but harm the other defendants case. The Court advises defendants against representation by a lawyer who alsorepresents other defendants in the same case. The Court urges each defendant to retain a lawyerwho will represent him/her and only him/her. Each defendant has the right to a lawyer of hisown. Each defendant can also give up that right, if he chooses. A defendant can change hismind about this later, but the trial will not be postponed to allow time to get another lawyer. WAIVER I have read the above statement, and I understand it fully. I know I have a right to anattorney of my own, but I choose to give up this right. I want ___________________________as my lawyer, even though he represents one or more other defendants in this case and he mighthave a conflict which would not be in my best interest. DATED this _______ day of ______________________________, 20 _______. _____________________________________ DefendantWAIVE R OF CONFL ICT OF INTEREST , Page 2
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