What Is a Co-Defendant?
When multiple people work together to commit a crime, they may jointly face prosecution as co-defendants. Having a co-defendant in a criminal case can complicate your defense, in that:
- You may have to determine whether and how to cooperate with co-defendants on a defense strategy.
- There may be conflicting or separate evidence for each defendant.
- Your co-defendants might “turn” on you by accepting plea deals to testify against one another.
If you’ve been charged with a crime with one or more other people, protect your rights and interests by securing independent legal representation. That way, your lawyer is looking out for your needs, not those of your fellow defendants.
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Understanding Co-Defendants in Criminal Cases
Some criminal cases may have co-defendants, which means that two or more people face criminal charges for the same incident or series of events. Co-defendants may face the same charges, or each defendant may face a distinct set of charges based on their role in the alleged crime. Although co-defendants may face prosecution together for the same offense, each defendant has the right to independent legal counsel. This is because co-defendants may have adverse interests during a criminal case, such as when one defendant agrees to a plea deal in exchange for testifying against their fellow defendants.
What Does Having a Co-Defendant Mean for Your Case?
Having co-defendants in your criminal case may mean that your case will lead to a shared trial. However, one or more co-defendants may ask the trial court to schedule separate trials. The trial court will schedule separate trials on its own motion if it finds that separate trials will result in fairer or more efficient trials for all defendants. A trial court may agree to hold separate trials if different defendants have conflicting defense strategies or if the evidence against one defendant would have a prejudicial effect on the jury’s consideration of charges against other defendants. A trial court may separate defendants’ trials if it believes a joint trial may confuse the jury. When the court holds a joint trial, it must instruct the jury to evaluate each defendant’s guilt separately and only apply the evidence presented against each defendant.
Having a co-defendant in your criminal case can affect your defense strategy in several ways. First, you may need to decide whether to cooperate with your co-defendant(s) on forming and presenting a defense at trial or whether each defendant should pursue an independent defense. Each defendant’s actions can also influence their co-defendants’ case preparation, such as when they take a plea deal or agree to provide adverse testimony against their co-defendant(s).
Challenges of Having Co-Defendants
Having co-defendants in your criminal case can present various challenges, including the following:
- Cooperating on or coordinating defense strategies: Co-defendants may want to avoid cooperating or coordinating defense strategies. Alternatively, coordination may become complicated when co-defendants have conflicting evidence or defense theories. Coordinating defense strategies may become impossible if a co-defendant’s defense strategy revolves around denying culpability and blaming the crime on their fellow defendant.
- Co-defendants taking plea deals: There’s always a risk that a co-defendant may “flip” on their fellow defendants by taking a plea deal from the prosecution in exchange for testifying against them. When a co-defendant turns state’s evidence against other defendants, the defense strategy must focus on making the cooperating co-defendant seem not credible or minimizing their testimony.
- Communicating with co-defendants: Communicating with co-defendants to cooperate on defense strategy can become challenging if they have separate legal counsel, as attorneys must interact with each other rather than go directly to another lawyer’s client.
- Conflicts of interests with shared legal representation: Co-defendants may choose to share legal representation to coordinate their defense and lower legal costs. However, doing so can lead to a conflict of interest. For example, one co-defendant might wish to cooperate with prosecutors, taking a lesser sentence in exchange for testifying against the other defendants. Alternately, available evidence might allow one co-defendant a defense strategy that is not in line with another co-defendant’s interests. In such circumstances, a lawyer might have to choose between their clients, helping one at the expense of another.
- Potential for disparate verdicts or sentences: Having a criminal case with co-defendants means the potential for conflicting verdicts or disparate sentences, especially when co-defendants seek separate trials. One defendant may obtain an acquittal in their trial, while a separate jury convicts another defendant in another trial. Even when all co-defendants face conviction, they may receive disparate sentences despite committing the same crime. However, it’s important to understand that courts can impose disparate sentences for the same crime based on each defendant’s circumstances, such as their criminal history, remorse, acceptance of responsibility, or rehabilitative needs, or when a defendant pleads guilty in exchange for a favorable sentencing recommendation.
How Can a Criminal Defense Lawyer Help When You Face Charges Alongside Co-Defendants?
If you’ve been charged with a crime alongside co-defendants, a criminal defense attorney from De Castroverde Law Group Criminal & Immigration can help you seek a positive outcome to your case by:
- Independently investigating your criminal charges so that you do not have to rely on evidence from the prosecution’s file or provided by your co-defendant(s)
- Evaluating your legal options at each stage of the case, including whether to coordinate defense strategy with co-defendants or request separate trials
- Reviewing plea offers from the prosecution and help you determine whether to accept a deal to testify against co-defendants in exchange for favorable sentencing
- Building a compelling defense strategy that may involve challenging the admissibility or reliability of the prosecution’s evidence or arguing against your co-defendants’ defenses if they could hurt your case
- Aggressively pursuing the best possible resolution to your charges, including by taking your case to trial to fight the prosecution’s case and advocate your innocence
Contact an Experienced Defense Attorney Today
Contact De Castroverde Law Group Criminal & Immigration today for a confidential consultation with a seasoned criminal defense attorney. We are ready to discuss your options for resolving your criminal charges when you have co-defendants facing the same charges.