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Simple English definitions for legal terms
Garcia hearing
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A quick definition of Garcia hearing:
A Garcia hearing is a legal proceeding that ensures a defendant, who is one of two or more defendants represented by the same attorney, understands the risk of a conflict of interest. This type of hearing also informs the defendant that they have the right to an attorney who does not represent anyone else in their case. The hearing is held to protect the defendant's rights and ensure fair representation in court.
A more thorough explanation:
Definition: A Garcia hearing is a legal proceeding held to ensure that a defendant who is one of two or more defendants represented by the same attorney understands two things:
- The risk of a conflict of interest that comes with this type of representation
- That they are entitled to the services of an attorney who does not represent anyone else in their case
For example, if two people are charged with a crime and they both hire the same lawyer, a Garcia hearing may be held to make sure that each defendant understands that their lawyer's loyalty may be divided between them. The hearing is named after a court case called United States v. Garcia, which established the need for this type of hearing.