Q: Can four defendants be tried all together and have to take the same plead?
Witness report states which defendant actually did the crime and which ones didn’t. But they are all getting the same plead
A: To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.
I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry.
After doing that you should set up an appointment with a local lawyer that handles the area of law in question. If you need a referral, please contact me at 760 837-7500 or firstname.lastname@example.org. In other words, you do not hire an LA lawyer for a case in Palm Springs or OC and visa versa. Of course, on a criminal case, if you cannot afford a lawyer the court will appoint one for you.
If there was an underlying case, then the lawyer who handled that case would be in the best position to know all the facts and advise you intelligently on your inquiry.
It's also important that you not talk about this case to anyone except your attorney. Please remember anything you say online herein is discoverable and can be used against you.
The problem with talking to anyone, be it the police or an insurance adjuster, is they may misunderstand what you said or they do not write down everything. Sometimes the problem is what THEY THOUGHT THEY HEARD YOU SAY that hurts you. You never want to admit to anything.
You should consider retaining a lawyer, remaining silent and letting the lawyer be the strawman and taking the heat.
In other words for instance, you would be happy to talk to the police or the insurance company, but your lawyer has ordered you “not to talk without his permission”.
You then suggest they talk to your lawyer for permission for you to talk to them. I never let my clients talk to anyone and always take the blame for any issue.
The bottom line is that YOUR CURRENT lawyer is the best person to ask because s/he has all the info at their disposal.
A: That happens the vast majority of the time in state cases. It is typically called a "package," meaning that a plea offer to settle the case is made to all the defendants, each of whom must accept their offer. If one or more of them do not accept their offer the others cannot do so. It's all or nothing. This can unfair to someone who feels forced to accept a plea deal, or who may have defenses to the charges, or who feel they are innocent. The offers to each individual can be the same for each, or they could be different charges. Occasionally, someone is allowed to plead out, as they say, but that usually comes with a price: cooperating with the prosecution and testifying against the others if the case goes to trial.
David Dastrup agrees with this answer
A: You cannot be forced to plead a certain way because somebody else does. In fact, the court (at State Bar ethics rules) will require that you be assigned a different attorney to avoid a conflict of interest if you do not want to do the same thing with your case that the other defendants want. So you need to hire an attorney that promotes your position.
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