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Me and friend got cited for misdemeanor. court has filed one case for both. What's the consequence?
Anonymous5 views4 answers
Me and my friend got cited for misdemeanor. We are terribly sorry for the act, it was just an instinct. the court has filed one case. I have hired an attorney but my friend doesn't want to hire as doesn't have money. What is the consequence if one person hires and other doesn't. Will the judge ignore my attorney and give the same punishment to both as the other person hasn't hired. Can the case be spilt? Or should the same attorney represent both? Please help?
If your friend doesn't have an attorney, the court will make a determination about whether he qualifies for a public defender. He may have to pay a fee to be represented by the public defender depending on his income but he'll have an attorney one way or the other. In general the outcome of both your matters depends on the facts of the case, the charge(s) against both of you, and your prior criminal records. The case can only be split or severed in very limited circumstances. Most co-defendant matters involve the same facts, witnesses, and allegations so a severance motion will not succeed. Nobody here has the slightest idea about the facts of your case. Since you have an attorney, ask him/her or hire another one.
Brian K WanermanCriminal Defense AttorneySacramento, CACA licensed ·
It means that you and your friend will be tried together in a joint trial. The judge cannot ignore your attorney. Your friend will be appointed the public defender if he cannot afford an attorney. The punishment you will get depends on many things, not least of which is whether or not you are convicted. There are grounds for moving for separate trials. Consult your attorney.
I agree with all of Mr. Dinakar's comments. And yes, you should pose these questions to your own attorney. If your friend cannot afford to hire a private attorney, he or she may be eligible to be represented by the public defender.