Legal Question in Criminal Law in California

Re: unfair

It's hard to make sense of your question. If someone has been named a co-defendant then, by definition, he has been charged. If he hasn't been charged, then he isn't a co-defendant.

It's possible that the co-defendant who was already in custody simply was not arraigned along with your friend and the others. There is no requirement that all co-defendants be arraigned simultaneously. Getting the other defendant to court may be complicated depending upon who is holding him and where; the prosecutors did not have to wait for him to be delivered before seeking to arraign the other defendants. A delay in arraigning him does not alter the fact that he has been charged.

Re: unfair

It is impossible to answer your question as there are several possibilities. One possibility:

If the "co-defendant" as you say was the main guy it is possible that the prosecution is still investigating evidence against him further and is going to arraign him later, possibly on allegations which are not related to offenses committed by your friend. He does not have to be arraigned at the same time as other "co-defendants." Once co-defendant is arraigned he might or might not be part of the same proceedings, it all depends on specific facts of the situation and what the prosecution and defense attorneys think is best for their case.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com