Q: Hello I was in a dui accident as a passenger. I was not arrested and had nothing to do with the driver falling asleep
Now it has been brought to my attention that the girl that was driving has a lawyer that said I am a co defendant with a possesions case. She said there was no police report so I don't know what or how I can be charged with a possesions case when I have never been charged with anything or arrested to begin with. Can the same lawyer represent defendant and co defendant
A: Hello. Unless you are charged with a crime on the same complaint, you are not a co-defendant. Check the complaint filed against the arrested girl, your name should not be there. As far as the police report, there must be a police report to prosecute her for a DUI or you for possession. The police report must include how the drugs were recovered and what amount and how it was determined that it was an illegal drug. Lastly, same lawyer can represent co-defendants with a valid waiver of conflict. If you did not waive the conflict of interest between you and the girl, same lawyer can not represent both of you.
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