Co-Defendant

[jimmyjam]

What is the name of your state? ca

A friend of mine has a son who is 18 years old (Tony). Last December he got into some trouble with some boys. One of the boys commited a felony. I believe they will be going to court soon. Tony is listed as a co-defendant when the DA filed charges. What exactly is a co-defendant and what does it mean.

 

[CdwJava]

What is the name of your state? ca

A friend of mine has a son who is 18 years old (Tony). Last December he got into some trouble with some boys. One of the boys commited a felony. I believe they will be going to court soon. Tony is listed as a co-defendant when the DA filed charges. What exactly is a co-defendant and what does it mean.

It means there is more than one defendant; more than one person is being charged with a crime in the same incident.

- Carl

 

[outonbail]

What is the name of your state? ca

A friend of mine has a son who is 18 years old (Tony). Last December he got into some trouble with some boys. One of the boys commited a felony. I believe they will be going to court soon. Tony is listed as a co-defendant when the DA filed charges. What exactly is a co-defendant and what does it mean.

It means he is also charged with the felony. He can be charged and sentences just like the person who committed the felony, depending on his level of involvement.

If his father can not afford an attorney, he should ask for a court appointed attorney, which is not the same as the public defender. This should be granted if any of the other boys are represented by the public defender as it could be a conflict of interest. I tend to believe that a court appointed attorney can focus on his case more than can an overloaded public defender.

As a side note, I have a friend who's next door neighbor's son was sentenced to fifteen years state prison, even though he was not at the crime scene. This was a drive by shooting in which there were multiple injuries and one death. His friends stopped by his home and he gave them ammunition for their guns. They then went and did this stupid act without him being there, however, he was charged and convicted just as if he pulled the trigger. So being a co-defendant in a felony, is serious!

Sometimes, the DA will agree to drop or reduce the charges/penalty, in exchange for his testimony as a witness for the prosecution. This depends on many factors, such as, how serious the crime, how strong the evidence is against them, how involved each player was, prior criminal history etc.

 

[CdwJava]

Well, he may not be charged with the same exact charges as the other party. So it is possible that he won't be charged with a felony ... though it is very likely that if one is charged with a felony the other will be. It really depends on the crime and the involvement.

- Carl

 

[garrula lingua]

The process in most counties in Ca is the Public Defender is appointed first; if there is a conflict (eg: other def is PD), then the alternate public defender is appointed, if conflict again, a panel attorney is appointed.

As our resident LawGuru, Carl, stated, co-defendants may be charged with the same charge, or other charges.

If, in a single act, a def is charged with a felony, most DA Filing Deputies will turn cartwheels to charge 'co-defendants' as felonies, not misdemeanors (easier to try as felonies, together, less confusing for juors, accessories and aiders statutes, and, fact of the case making felonies easier to file - keep all charges together in one case & one trial & DA can still reduce to msdm deal for co-def).

Most co-defs are 'along for the ride'. They are part of a 'package deal' - if the Def doesn't want to plead, it's a trial.
In most cases, the DA has enoe to hold both Defs to answer @ Prelim and for guilty at trial.
They don't care if anyone wants to 'roll' on the other for dispo of the case (many defs voluntarily roll over on codefs to get out from under charges & create 'reasonable doubt').

PS: BOTH are co-defendants. One may be more culpable, but they are equally guilty (& triable) of charges.