Los Angeles Co-Defendant Defense

Co-Defendant Cases Explained by a Los Angeles Criminal Defense Attorney

LA Criminal Lawyer

When two or more people are charged together in a criminal case, there are unique aspects of the case that must be carefully considered by each of the co-defendants and their defense attorneys.  If you or a loved one is facing a serious case involving multiple defendants, it is vital to have an experienced, knowledgeable and aggressive Los Angeles Criminal Defense Attorney on your side, representing your interests and fighting for you.  Attorney Nicholas Loncar has a wide range of experience in California criminal defense cases, including co-defendant cases, drug crimes, violent crimes, sex crimes, homicide and more.

CALIFORNIA'S CONSPIRACY AND ACCOMPLICE LIABILITY LAWS
Criminal conspiracy and accomplice liability can occur prior to, during or after the commission of a crime.  Co-conspirators in planning, execution of a crime, and even accessories after the fact (e.g. helping someone flee, destroy evidence), frequently will be charged together in one criminal complaint.  This means that, at least as filed, there is one case.
more about California's accomplice liability laws

ATTORNEYS WORKING TOGETHER
Depending on the types of defenses, it may be beneficial for defense attorneys to work on strategy together and share information.  It is also important to note, however, that each attorney's duties will still be to their own client.  It is up to a co-defendant's attorney to decide how much, if at all, to trust a co-defendant's counsel, and to ensure that any cooperation serves to benefit his or her client.  Having attorneys who are familiar with each other and have worked together in the past can be beneficial to both sides.  If one co-defendant is in custody, and another is not, or if one is represented by the public defender and the other by private counsel, there can be some complications with scheduling.  In-custody defendants and those represented by the public defender are typically unwilling to allow for a delay in a case.  Meanwhile those out of custody, and represented by private counsel are more likely to seek additional time for investigation and preparation of a defense.

ONE ATTORNEY REPRESENTING CO-DEFENDANTS
In most cases, having one attorney represent two co-defendants is a bad idea.  Attorneys are bound to be loyal to their client's interests, and if there may be any .  In the movie My Cousin Vinny, Joe Pesci's character represents both of the young men charged together with a murder.  Given the severity of the charges, it would have been very unlikely that one attorney would represent both defendants in that case.  In some cases, it can be appropriate, depending on the best available defenses.  In cases where two people allegedly acted in concert, it may be best for each defendant to hang blame on the other. 

DO NOT COMMUNICATE WITH CO-DEFENDANTS
Discuss your options and defenses with your attorney before speaking to your co-defendants or alleged co-conspirators.  The co-defendant may end up cooperating with the government or testifying to anything you say.

MOTION TO SEVER A CRIMINAL CASE
Under some circumstances, your attorney may be able to sever a trial so that the two co-defendants need not sit trial together.  The courts favor consolidation because it is a more efficient use of judicial resources.  Still, in cases where the trials being held together would prejudice a co-defendant in some way and deny one defendant a fair trial, the court can order separate trials or separate juries.  If evidence that can be presented against one defendant is likely to sway the jury with respect to another defendant (and that defendant would be able to exclude the statement), then severance may be granted.  It is typically better for a co-defendant to sever a case, particularly where the evidence against others in the alleged conspiracy have more evidence against them.

PLEA BARGAINING IN CO-DEFENDANT CASES
Plea negotiations can be a little more difficult in co-defendant cases, largely due to the tendency of District Attorneys to offer "package" deals.  The prosecution offers plea deals in order not to have to take a case to trial.  In co-defendant cases, the DA will only avoid a trial if all co-defendants agree to plead guilty or no contest.  As such, DAs frequently make their offers "package" deals to encourage a complete resolution of the case.  This means that one co-defendant may want to take a deal, but will not be able to take advantage of the deal without a deal by all co-defendants.  Additionally, plea bargaining in co-defendant cases can be affected by the relative involvement, culpability and manipulation taking place in a criminal case.
more about plea bargaining in Los Angeles

EVIDENCE AND STATEMENTS OBTAINED FROM CO-DEFENDANT
Perhaps one of the most unique aspects to co-defendant cases is the applicability of statements and evidence of one co-defendant to the case of another.  Evidence that is admissible against one co-defendant may not be admissible against another, giving rise to either a motion to sever or multiple juries.  In multiple jury cases, one jury may be removed from the courtroom during certain testimony or presentation of evidence.
learn more about the Fifth Amendment and Miranda Rights

If you or a loved one has been arrested or charged with a crime, especially if that case is a felony co-defendant matter, it is important to have knowledgeable, passionate, aggressive representation.  You need a lawyer who understands the Penal Code, Evidence Code, caselaw and tactical skills of negotiation and persuasion.  Contact the Law Offices of Nicholas Loncar now for a FREE CONSULTATION with a Los Angeles Criminal Defense Attorney.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule