Legal Question in Criminal Law in Florida
14yr old sentence to 25yrs
can a public defender represent two co-denfenders on the same charge
Asked on 2/25/09, 2:59 pm
1 Answer from Attorneys
Hunter Chamberlin
Chamberlin Butler & Crowe, P.A.
Re: 14yr old sentence to 25yrs
One attorney, regardless of whether (s)he is a private attorney or public defender, can represent both defendants provided there is not a conflict. However, there are many nuances to doing so, and each defendant must be made aware of any potential conflicts and waive those conflicts in writing. Also, if the two defendants have antagonistic defenses (it wasn't me, it was the other guy...") then the attorney should immediately withdraw from representing one of the two defendants. For all these reasons and more, while it can be done, it is not a good idea. Each defendant should have his own attorney.
Answered on 2/25/09, 3:06 pm
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