Should my son have his own attorney in a theft case?

Question

I need to know this answer. My son was involved in shoplifting with friends and the total amount of the theft moved it up to a felony. None involved have criminal records. Should they all be represented by different attorneys or the same one?

Michael Garber · Answer

That depends on whether any of them want to claim innocence and point the finger at your son.

Jules N. Fiani · Answer

Yes.

Michael J. Breczinski · Answer

By different attorneys there may be a conflict of interest between the defendants.

Jacob P. Sartz · Answer

I'd recommend your son retain a lawyer or request the court appoint one at the public's expense.  In Michigan, the maximum penalties for a retail fraud, third, usually charged in  alleged theft cases for merchandise with a value under $200.00,  is 93 days in jail, probation up to two years,a fine of not more than $500.00 or 3 times the  value of the difference in price, property stolen, or money or property  obtained or attempted to be obtained, whichever is greater, or both  imprisonment and a fine. MCL 750.356d. Please note, however, that these  are the maximum possible penalties. If the property is worth more, a  person will be charged with a more severe offense punishable by even  more jail time time, costs, restitution, or other sanctions. Judges in  Michigan misdemeanor cases have a wide latitude with their sentences up to the maximum pursuant to the applicable statute. Policies and practices vary widely depending on the judge and county. An arraigning judge usually advises a defendant  of their maximum possible penalties pursuant to the law. In certain  situations, there may be diversionary programs which could keep a plea  and conviction off a person's record. However, these diversionary  programs often have strict eligibility requirements.   Any potential misdemeanor charge is serious and I would recommend that you retain a lawyer.

Mechislav Furman · Answer

If there is a conflict of interest in representing both defendants, each boy should have their own lawyer.

Geoffrey MacLaren Yaryan · Answer

It would likely be a conflict of   interest for one attorney to represent all of the defendants.

Leonard Levenson · Answer

They should all have separate attorneys.  To have the same attorney  will  probably involve a conflict of interest even if they all plan to plead guilty.  Certainly if they are going to trial.

Kathryn Hudson · Answer

It is rarely a good idea for co-defendants to be represented by the same attorney as their interests may not be the same nor the level of their involvement in the common crime. I strongly recommend that each defendant have their own attorney.

James Schoenberger · Answer

The rules of professional conduct for attorneys preclude one attorney from representing more than one defendant in a criminal case. Your son should have his own attorney.

Jared Austin · Answer

There is no easy answer to that. Are they being tried together or separately? Having an attorney represent co-defendants can present ethical dilemmas, but it has been done. It also depends on what the defense (if any) might be. If one or more tries to blame it on the other one, an attorney wouldn't ethically be able to represent all of them as that would be a conflict. Discuss the situation in depth with an attorney before making the decision.

Timothy Klisz · Answer

Probably individual. A group representation can only lead to problems with loyalty,etc.

Michael Lynch · Answer

In my opinion the defendants should all be represented by separate  counsel.  It would be very easy for conflicts in representation to come  up.  If no conflicts are present, and all defendants sign a waiver of  the potential for a conflict they can be represented by one attorney.   However, I have heard of cases where the DA makes an offer to one  defendant if they testify against another.  This would create instant  and actual conflict.  At that point the existing attorney would have to  bow out and all defendants would have to retain separate counsel.  If  the first attorney has been paid in full under a set fee arrangement  that fee would have been earned and additional funds would be needed to  hire a new attorney.  Just one example of why this should not be attempted.

Jared Altman · Answer

They must be represented by different attorneys.

Mark R. Thiessen · Answer

Absolutely.  One lawyer can't represent two because he might have to throw one under the bus.  Get your own attorney and fight it.

Matthew Murillo · Answer

Different Attorneys.  No question about it.  Being represented by the same attorney, though possible, can lead to numerous conflicts of interest depending on the total amount of co-defendants.

James Edward Smith · Answer

I would recommend that your son have his own attorney.  If you use the same attorney as another boy or both of them then there should be a waiver of conflict of interest signed by all the boys and their parents.

Scott Little · Answer

Yes, the defense strategy of each defendant may involve making the others culpable.  This would create a conflict of interest if the attorney represented each defendant.

Cynthia Henley · Answer

Your son needs a lawyer and he should not use the same lawyer as his co-defendants. There could easily be a conflict of interest in such representation.

Michael Palumbo · Answer

The same attorney cannot represent all parties under rules of attorney ethics.

Stephen Freeborn · Answer

Yes, absolutely your son should have a different attorney.  There is a potential conflict of interest for the attorney to represent all of the defendants.   What may be a defense to one defendant may not necessarily be a defense to all defendants.  It is doubtful that a court would even allow it.  With your son being charged with a felony, the consequences can be very severe, including prison time and loss of constitutional rights.

Samuel H. Harrison · Answer

Yes, he should have his own lawyer. Conflicts between clients can come up at any time in a trial, and the remedy is usually to take the attorney off the case. This wastes time and money.

Eric Sterkenburg · Answer

It is always better to have an attorney represent you when you go to court. In the court you will be facing an attorney that is doing this type of law every day. Any time there are more than one defendant in a case each defendant should have his own attorney. If not you may not get the result that is best for you but the one that is best for all. Based on the facts this case could be reduced to a misdemeanor form the felony with an attorney.

Robert Gigstad · Answer

I would recommend they all get separate attorneys.  You want someone representing and advising your son that is only worried about the best outcome for him.  Theft is a very serious charge, and he is facing serious consequences.

Paula Drake · Answer

They should each have their own lawyer to avoid any conflict of interest.

Philip Hache · Answer

It is generally advisable that each party have their own attorney in multiple defendant cases.  Often times it can be difficult to represent the "bests interests" of more than one person in a co-defendant case since what may be in the best interests for 1 defendant, may be the opposite for another.

Craig Orent · Answer

Yes, each person/defendant should be represented by separate counsel. Otherwise there is a conflict of interest. Sometimes multiple defendants can get away with being represented by a single attorney, but it is very rare and is inadvisable.

Jeff Yeh · Answer

Different. This is a classic case of conflict of interest because there will undoubtedly be a lot of finger-pointing. Your son needs his own attorney for sure.

Gary Moore · Answer

Each must have his/her own attorney. An attorney is a necessity on an indictable offense.

Cindy L. Barton-Coombs · Answer

The rule is if there is a possible conflict, they should have different attorneys. It is more likely than not, in a theft case there will be conflicts. Apply for indigent counsel if he would qualify.

William Spern · Answer

Each attorney should be represented by separate attorney. If you cannot afford one, the court will provide a court-appointed attorney, that you will be required to pay back to the county.

Robert D. Lewin · Answer

Experience tells us that when multiple parties get charged in one incident they should each have their own lawyer  especially if the charge is a felony. The lawyers, where appropriate, can work together and coordinate an approach. If it is not appropriate the lawyers do not have to work together. Each person charged is entitled to 100% loyalty from his/her lawyer. If a lawyer represents more than one person it is impossible to assure that that lawyer will be 100% loyal to both clients. The Supreme Judicial Court of Massachusetts has cautioned lawyers about representing more than one accused in a case; it is not a good practice and most good criminal lawyers will not do it. In your sons case, you want to try to get the case dismissed or resolved in a way that will not get him a permanent criminal record. There are things that need to be done early on that can help greatly in that regard. If your son is a juvenile (under age 17 on the date of the offense) we can look for pre-trial diversion of his case. This gets the case out of the Court system and off his record.

Jason Overton · Answer

It would be to your son's best interest to have his own attorney.  When it comes down to it, you're not really interested in the best result for the group as a whole. You're interested in the best result for your son.  If one of the other defendants was more to blame than your son, for example, a lawyer representing everyone wouldn't necessarily make that argument while a lawyer representing only your son would do that.

Daniel Kiss · Answer

Your son should have his own attorney so that he (and you) know from the beginning that he has someone solely devoted to his interests. This is especially true if the matter is a felony. It is possible that your son and the other friends might blame eachother for what happened, or be willing to give the prosecutor information about other defendants in hopes of a better sentence for themselves. Even if this is unlikely, it's better to be safe and find a lawyer dedicated to representing your son and ONLY your son.

Harley Gutin · Answer

Yes.  They should have different attorneys to avoid conflicts or even appearances of conflicts.  In the end what your attorney should do for you son maybe to testify against the other person to get his charges reduced or cut some other deal that the other person may not get.

William Wood · Answer

Your son needs his own attorney.  It would be a conflict of interest for  an attorney to represent co-defendants.

Terry Taylor · Answer

This depends on the circumstances.  If they all blame one another, then yes they should have different attorneys.

Jeffrey Pollock · Answer

Since there may well be a conflict of interest where one child would try to get a lesser sentence than another, there should be separate counsel.

Jonathan Baner · Answer

Yep.  Very few attorneys would be willing to take on multiple defendants in that situation.

Keeley D. Heath · Answer

He probably ought to be represented by a separate attorney. Representing co-defendants can often create a conflict of interest, particularly where one co-defendant had greater responsibility than the other. Representation by the same attorney can also foreclose possible defenses or resolutions. The conflict can be waived, but I don't think it would be in your son's best interest to do so.

John Bussman · Answer

If there's any prospect that a conflict of interests might arise (they all blame each other, or they assert that one defendant is more culpable than the others), then your son should definitely have his own attorney represent him.

Joseph Dane · Answer

Without a doubt, he needs his own attorney. He may have legal or factual defenses that are at odds with his co-defendants, making it impossible for one attorney to represent him and any others.

Kevin O'Grady · Answer

If there are multiple defendants, each should have his own attorney.  An attorney owes a duty of loyalty to his client.  If an attorney represents codefendants his loyalty is split.  It will be difficult for him to do something that may be good for one client but not so good for another. Although it is possible to have a client waive a potential conflict, it is not recommended.

Lars Peterson · Answer

To avoid a conflict of interest, every defendant should have a separate attorney. Especially if it can be expected that one of the defendants (your son) might have to point at other defendants as the people actually committing the theft.

Kenneth Christopher · Answer

Different. Your son needs someone to protect his individual interests.

Steven D. Dunnings · Answer

Hire your own attorney. There exists a potential conflict of interest with one attorney representing all involved, especially if one cuts a deal to testify against the others.

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