Legal Question in Criminal Law in California
co-defendants and their attorneys
when three people are on trial as co-defendants can one attorney represent them or is it better for each to have their own attorney?
2 Answers from Attorneys
Re: co-defendants and their attorneys
It is possible for one attorney to represent all 3 defendants. However, they would be required to waive any conflict of interest in open court.
Having one attorney represent three defendants is very risky and could make it impossible for each of the defendants to get the best possible defense.
Re: co-defendants and their attorneys
My answer will suppliment Lyle Johson's answer.
The problem is that one attorney for several defendants will normally tend to favor one of the defendants. I usually worry most about the defendant that has the greatest risk.
Then there is the fact that one of the defendant's best defense may be to blame the other defendants. Or bring in some evidence that helps them but hurts the other defendants. An attorney should not be working against any of his own clients.
Two defendants can be a problem, and three is even more complicated. Since a Public Defenders will be appointed to represent one of the defendants, if they have no money. And the conflict attorney will represent another defendant with little or no money, economic necessity should not be a factor in employing more than one attorneys. The tax payers will pay for more conflict attorneys if necessary.
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