Legal Question in Criminal Law in California

Re: Co-defendents

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Re: Co-defendents

In any criminal case, you must be shown to have the requisite intent or knowledge (known as "mens rea"). If you did not know or have reason to suspect that the car you were riding in (I am assuming you were not the driver) was stolen, then you were not guilty of the charges 496PC or 10851(a) VC.

Joining of the defendents is usually done in the initial charging of the case. Ususally the charging document (the Complaint) lists each of the defendants under a single case number. Sometimes, however, the prosecutor may initially charge two or more co-D's separately, but move to join them later.

It is difficult to speculate whether having a co-defendant in any given case is a positive or a negative. It depends on the facts of your particular case. However, generally speaking, we as defense attorneys prefer not to have a co-defendant. However, if you are standing trial with one who is clearly guilty and you are much less so, it could work to your advantage; juries feel better placing blame on someone, and if that someone is there in trial with you, they won't need to do that to you.

Defense attorneys move to sever (separate) defendants when, for example, evidence against one will taint the trial of the other. Sometimes this comes because of a confession of one co-defendant. Other times, the evidence against one defendant would not be "cross-admissible" or admissible into the trial of the other. A case where once co-defendant has similar priors, gang affiliation, or made incriminating statements is usually best severed.

There are many other factors to consider when deciding whether it is beneficial to stand trail together. You and your attorney should discuss this at length, as it is a crucial decision. As you can see, every factor has its positive and negative ramifications. Be in trial with a bad guy, and you could get painted with the same brush; but being in trial with the bad guy might show you to be so different from that, that the bad guy might have duped you, too. You and the jury have someone to blame. Still, the general rule is you'd prefer not to have a co-D.

As this is probably a felony, you will probably have a preliminary hearing to determine whether there is any evidence of your guilt. Your attorney at that time should make much of the issue of scienter (knowledge -- or in your case, lack thereof). Get your attorney as much ammunition as possible to refute any claim or inference that you knew or should have known that the car was hot. A motion to dismiss the case will be made on a long-established theory that evidence of "mere presence" at the scene/time of a crime is not enough. You will be the best person to help yourself by helping your attorney to know the facts about how you innocently ended up with the bad guy in the stolen car. Email me if you have further concerns. Good luck.

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law