2 people charged with crime

Asked 6 months ago - Albuquerque, NM

if two people are charged with a crime...and one admits in writtent statement and in court to the crime stating co defendent had no part in his or her actions....will this help the co deffendent....what may happen to the co deffendent....ik that they can charge him or her to conspire or accessory of crime but that hasnt happened...is this a good deffense...and are these statements enough to have case possibly dismissed

Attorney answers (6)

  1. Stephen D Aarons

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Both need their own lawyer. The one admitting guilt has helped the other at his own expense. Whether the statement of guilt is enough to have the case against the other dismissed depends on what evidence the prosecution has to the contrary. Usually in federal court, the Assistant US Attorney has quite a bit of evidence suggesting that both defendants were involved and they rarely back down short of a trial and certainly not because one of the two is trying to take all of the blame onto himself.

    Please do not confuse the casual and impersonal exchange in this or any legal chat room with entering into an... more
  2. Jennifer J Wirsching

    Contributor Level 18

    2

    Lawyers agree

    Answered . The persecution relies in their own evidence of involvement. If it is actually true the other person wasn't involved, things will likely go well for them. If the prosecution has evidence that the other person really was involved, but someone is trying to cover it up, then the person trying to cover is likely in much more trouble, and the other person is more likely to be charged.

  3. Mary Therese Maran

    Contributor Level 3

    2

    Lawyers agree

    Answered . the co-defendant is but a single witness for/against the other. The prosecution may have other witnesses against your friend. And any good prosecutor will have a good theory for the judge or jury about why the co-defendant "tried to take the case." One defendants attempt to exonerate the co is a complex and tricky business. sometimes its a good idea to try to do this, sometimes not. but It can be done.

  4. Raymond George Wigell

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . The admission of co-defendant is not a controlling event in a criminal case. It is just one of the many pieces to the puzzle. The preparation and presentation of the co-D's admission is the task of the criminal defense attorney. It may be weak or strong in protecting the accused. In some case it can "backfire" and be used as an indication of involvement by the person that it was meant to protect. Be Aware and beware.

    This answer/response is based on the information provided in the question asked and requires a much more complete... more
  5. Stephen F Wallace

    Contributor Level 19

    Answered . Dismissals are tough to come by. Please work with the attorney on any hard evidence to prove innocence while breaking the prosecution's case apart form the lack of inculpatory evidence.

  6. Robert F Gauss

    Contributor Level 11

    Answered . Agree with all of the advice given, you both need independent lawyers asap. Two warnings: 1. With drug crimes it is possible for two people to be guilty of the same thing, you don't want a situation where someone admits something that does niether any good and actually harms the case 2. If you are close, boyfriend and gilfried, married, friendly or even if not particularly close and are working together to "come up with a story" (even if it's the truth), it seems to me you run the risk of getting charges for interfering with a witness or obstruction, perjry etc. especially if gov't ends up proving the story is not true. Both these points are yet more impetous for each of you to retain an attorney yesterday.

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