An old law schools classmate of mine, and current criminal defense attorney, has recently begun a criminal law podcast. Her first episode spotlighted a recent case of mine, which I took over from another attorney for health reasons. The case involved two police officers who had been charged with bullying a suspect into signing over a car to the police department, because it had allegedly been used in criminal activity. The officers denied any wrongdoing, and they hired an attorney to represent them at trial. The attorney had planned to represent both of the officers, but the State objected and successfully moved for the trial court to prohibit a joint representation. The officers then appealed that ruling to the N.C. Court of Appeals.
This case therefore included a lot of interesting issues. First, the concept of criminal forfeiture (where the police get to keep money and property which they seize during a criminal case) has become very controversial in light of possible abuses by the police. Second, for these two officers in particular, the case involves their right to an attorney, which inherently includes the right to select the particular attorney of one’s choosing.
Ms. Blass’ podcast on this case can be heard HERE.