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No, it would be a conflict of interest. Confusing Query I shall assume that what the querist is asking is, can the attorney who defended he or she in a criminal trial become his or her legal representative in a civil suit against the state for 'malicious prosecution'. If that is indeed the case, then there would not be a conflict of interest and the plaintiff may use whomever he or she choose to represent them. It would likely be beneficial to the client to retain the same attorney as he or she would be quite familiar with the specifics of the case.

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Q: Can an attorney defending you in a criminal case represent you in a 'malicious prosecution' case?
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Can you sue for malicious prosecution after a forgery charge is either dismissed by the DA or one is found not guilty by a jury?

Yes, it is possible to sue for malicious prosecution after a forgery charge is dismissed by the District Attorney or if someone is found not guilty by a jury. To succeed in a malicious prosecution lawsuit, you would generally need to prove that the prosecution was brought without probable cause, initiated for malicious motives, and resulted in damage to your reputation, liberty, or finances. It is advisable to consult with a qualified attorney to understand the specific laws and requirements in your jurisdiction.


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They are the lawyers for the state. Criminal Prosecutors serve as the attorney's who represent the government in the ionforcement and prosecution of criminal offenses.


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In criminal law, prosecution means the government attorney is charging and trying a case against an individual accused of a crime. The government attorney can also be referred to as the prosecution.


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Besides the judge himself, you will have to write a letter to the State's Attorney's Office. I should point out, that if you truly cannot trust your appointed counsel, you would do well to refuse him and have your refusal - and reasons - placed in the record.


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In this state a person defending the defendant is called the defense attorney.


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