People v. Duren

In People v. Duren (1973) 9 Cal.3d 218, an attorney had been appointed to represent defendant in San Diego on a concealed weapons charge. He was suspected of a more serious murder/robbery offense in Los Angeles County. The police in San Diego had information the San Diego offense would probably be dropped, and the defendant was released to Los Angeles for questioning where he was questioned outside the presence of his San Diego attorney. This procedure was held permissible because the charges were completely unrelated and the San Diego charge would probably be dropped. In Duren, the great discrepancy in magnitude of the offenses argues for separateness, and the possibility the San Diego charges would be dropped, establishes the slim likelihood of any interference with representation on that charge. Also, because the Los Angeles offenses were so serious, there is a grave societal stake in investigation of those offenses, not lightly to be ignored simply because there is counsel on the somewhat trivial San Diego offense.