You don't need to file anything. You need to hire a defense attorney experienced with handling drug cases. The DA isn't going to dismiss your case just because your co-defendant pled. Your options will be to plead the case or set it for trial.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
If you have not done so already, you need to hire an attorney. Your case is not automatically dismissed simply because your co-defendant took responsibility. However, your attorney can look at all of the facts and determine the best course of action.
Believe it or not, both of you can be considered to be in possession of the same drugs at the same time, and it's not at all unusual to see more than one person charged AND convicted under the circumstances you describe. There is no form or motion or anything else that you an file that will make this just go away. It's possible that your attorney would be able to convince the prosecutor that their chances of winning at trial were lousy enough that they'd eventually decide to dismiss, but that's not likely to happen easily, and it's not going to happen at all without an attorney, because the prosecutor won't even talk to you about your case. So all you need to do right now is find a good criminal defense attorney. Good luck.
You need to hire an attorney who has experience with these issues. Under the law of parties, the State can charge you with possession of a controlled substance under various circumstances. As a former prosecutor for over six years I encountered this cases on a daily basis. Some can be made and some need to be dismissed. The type of attorney you get can help determine what the outcome will be. You need to hire someone who is experienced and has the knowledge necessary to fight for you. Most attorneys, including myself, have free consultations. Shop around and find someone you trust. But, the co-actor pleading guilty may help you in your case.
Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.
I agree with attorneys Jaggers, Henson, and Foley.
Criminal defense is no more a do it yourself job than filling a tooth or taking out a bad appendix. Would you do surgery on yourself? Still, people keep on thinking that with little or no knowledge of the law and no experience as a lawyer, and with the loss of credibility that comes from being the defendant, that they can still defend themselves. Too bad.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
If he pleas guilty then you should have him sign an affidavit taking responsibility for it. It can only belong to one of you. Usually the prosecutor will dismiss your case when you inform them the co-defendant took a plea.