They can, but it's not advised. Each defendant may have separate legal interests and having one attorney represent them both could be a conflict for the attorney. You may be able to waive this conflict, but the court must be clear that you're both agreeing to have the same attorney represent you, despite any actual or potential conflict.
If you both have the same legal interest and position, then one attorney may represent you. Even in this situation, having separate attorneys is often tactically advantageous. Each attorney gets to cross examine the witness, each attorney gets a closing argument, etc.
Can one attorney represent both? Yes, but it's a rare situation where it's a good idea. Instead, I'd suggest you each find an attorney, but if you want to find two that can work well together on a common defense strategy, it may serve you better.
As my colleague noted, it is possible but usually not a good idea. There are many points in a case where the interests of people charged together might diverge, and it is best for each of them to have their own lawyer and get independent advice on the case.
Scott Andrew WinebergJuvenile Law AttorneyVernon Hills, IL ·
In addition to the conflict of interest that may arise during trial with so-called "antagonistic defenses," it is possible for conflicts to occur during sentencing if both are convicted. For example, to lessen one client's sentence the attorney may have to argue that his other client was more involved (i.e. should get a higher sentence).
It is permissible, but not advisable unless the facts and circumstances plainly present themselves as conflict-free.