Legal Question in Criminal Law in California

2nd degree murder with more than one defendant

is it a good idea to fight a case on my own or stay as a group in a matter such as this where we are all looking at 15 to life


Asked on 5/28/09, 9:31 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: 2nd degree murder with more than one defendant

I hope you're not talking about truly fighting the case "on your own" as in representing yourself against these charges.

Do you mean should you seek to sever your case from your co-defendants? Ordinarily, the court will not sever one defendant from the others in the same case unless you can show that you would be substantially prejudiced by remaining joined together with the others. There is a preference for "judicial economy," meaning that rather than do a trial for each defendant who is charged in the same set of facts, there should be one trial. Again - this is unless one (or more) defendant can demonstrate why they could not receive a fair trial if left in the same case as the other defendants.

This is a specific fact-based question you should discuss with your attorney. If you don't have one, get one. If you're thinking about representing yourself - it's a horrible idea. If your question was asking if you should share in an attorney with another co-defendant, that's another horrible idea. You each have separate legal interests and your defenses may be in conflict with another defendant. You need an attorney representing you and only you to protect your legal interests.

I can't stress this enough - these charges aren't anything to mess around with. You're gambling with the rest of your life.

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Answered on 5/28/09, 9:42 am
Robert Preskill Robert Preskill

Re: 2nd degree murder with more than one defendant

More often than not, it's a good idea to have your own counsel, however it depends on the specific facts in your case. To discuss this further, you should contact a lawyer directly.

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Answered on 5/28/09, 10:45 am


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