QUESTION
Can a defendant incriminate themselves if their co defendant takes a plea bargain?
Asked on Dec 13th, 2012 on Criminal Law - Georgia
More details to this question:
Can a defendant incriminate themselves if their co defendant takes a plea bargain are they less likely to win the trial if the co defendant takes the plea bargain.
8 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
A codefendant does not incriminate themselves is the other codefendant determined to take a plea bargain, or even plead guilty. Generally, however, the other parties clear agreement will require that they tell the truth in court and testify.
Answered on Dec 17th, 2012 at 1:03 PM
3 Awards
This def. needs to talk with an experience criminal defense attorney about his options and the facts.
Answered on Dec 17th, 2012 at 3:32 AM
Michael J. Breczinski
A defendant can always incriminate themselves. That means to make a statement that shows your are liable for the crime. Do you mean can a defendant win the case after a co-defendant pleads guilty? The answer is maybe it depends on the facts.
Answered on Dec 17th, 2012 at 2:48 AM
Criminal Defense Attorney serving Englewood Cliffs, NJ
at
Savyon Grant, Esq. & Associates
Update Your Profile
Usually the prosecutor will not allow a plea without all defendants pleading unless they promise to testify against you.
Answered on Dec 14th, 2012 at 11:31 PM
1 Award
Yes, depending on the circumstances of the case. Every case is different, but generally speaking, when co-defendant's take a plea, they can now testify against the defendant and may even receive a lighter sentence as a result. On the other hand, in some cases, it allows the defendant's attorney to point to the co-defendant and say, "it was all his fault."
Answered on Dec 14th, 2012 at 4:28 PM
James Edward Smith
If he testifies against you you'll be in trouble.
Answered on Dec 14th, 2012 at 4:28 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
If part of the plea bargain is to render substantial assistance to the State in prosecuting the co-defendant, the defendant does not incriminate himself, but this sure can damage him.
Answered on Dec 14th, 2012 at 1:21 PM
Sometimes a co-defendant will take a plea bargain in which he has to testify against the defendant. However, this does not mean that the case against the defendant is a good one. I handled like this recently in which my client was facing a Felony Larceny in a Building charge, and the co-defendant took a plea and testified against my client. After a brilliant cross-examination of the co-defendant, I worked out a deal for my client in which his only punishment was a $175 fine.
Answered on Dec 14th, 2012 at 1:16 PM