QUESTION

Do I have to be represented by the same council as my co-defendant?

Asked on Jan 30th, 2017 on Criminal Law - California
More details to this question:
I'm the co-defendant (1 of 2 total defendants) of a criminal case and had a question regarding my rights. Are we tried as one and if DSO, do I have to except any deal they arrange? Do I have a right to defend myself separately?
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5 ANSWERS

Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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Every person accused of a crime has the constitutional right to have their own attorney. This is especially true in multiple-defendant cases. You each should have your own attorney even though you will probably be tried together. As to a plea deal, prosecutors often make what are called "package" offers. This means that a settlement offer is made to each defendant (could be the same, could be different); each defendant has to accept and plead to his/her part of the deal. If one party rejects the offer the other cannot accept it - thus, the term "package." In some cases, offers are made independently and then any one defendant can accept his/her plea offer and the other can reject his/hers. As to defending yourself separately, the answer is yes (separate attorneys) but there are only limited circumstances in which you each would have separate trials on the same set of facts. The presumption is that you and your co-defendant would be tried together but you each have your own attorney and can raise your individual defenses in the same trial. If you do not already have your own criminal defense attorney, get one and if you cannot afford to hire your own attorney have the court appoint one to represent you. (I am surprised that this has not been done already unless you have not been to court yet.) Good luck!
Answered on Apr 04th, 2017 at 8:24 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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You should have your own attorney working on your behalf. Being represented by the same attorney as your co-defendant could create a conflict of interest between you, your attorney and your co-defendant. You also do not have to take the same deal as your co-defendant, although sometimes the D.A. will offer a take it or leave it package deal. In such a case, you need to seek the advice of an attorney that is working on your behalf only. Good luck.
Answered on Apr 04th, 2017 at 8:24 AM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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No, you do not. And should not.
Answered on Apr 04th, 2017 at 8:23 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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No. In fact, in most contexts you can't be represented by the same lawyer.
Answered on Apr 04th, 2017 at 8:23 AM

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No you don't. What you need to do is hire a lawyer to represent you. You get what you pay.
Answered on Apr 04th, 2017 at 8:23 AM

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