Legal Question in Criminal Law in Virginia
guilty witness
If a codefendent is found guilty of drug possession with intent, is it a good decision for him to be a witness on behalf of the other codefendent, who is also pleading not guilty
Asked on 3/13/08, 1:00 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: guilty witness
No, not necessarily, in fact it might turn out to be a good decision only for the prosecutor rather than for the other co-defendant, but many more relevant facts would be needed in order to make a more definitive determination on this issue.(Also worthy of consideration, is the possibility that as a recently convicted felon or misdemenant found guilty of a crime involving moral turpitude, the convicted one might also find that his trial testimony is subject to impeachment--shown to be inherently uncredible--by the prosecution.)
Answered on 3/13/08, 6:04 pm
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