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You have 3 -defendents on a case charged with felony

You have 3 cod-defendents...

You have 3 cod-defendents on a case charged with felony robbery, assault. One of them is a witness. What do the other co-defendents gain if the witness' case is severed? Does this mean they can or cannot testify in the case of the other two?

Lawyer's Assistant: Do they have any upcoming court dates on the charges?

Keeps being pushed out

Lawyer's Assistant: In what state did this occur?

But they just severed one from the other two. so can that one still testify?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

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Answered in 5 minutes by:
3/18/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,021
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 1 month ago
state is Alaska.
Customer reply replied 1 month ago
I don't want to keep paying more

You don't have to pay anything more. But please be patient so that I can get the time to type your answer.

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Customer reply replied 1 month ago
in the motion to sever the argument states it is clearly the law that a codefendants statemetns to the police are inadmissiblein a joing trial against the other defendant. In this case, on did make statemetents tothe police and Grand Jury so they are inadmissable against the other defendants. The only waya testimonial statement maybe admitted iswhen the individual makingt he statement is available for cross examination. this co defendent isnot available for cross examination by another co defendant.
Crawford v. Washington US (2004) made it clear if they are tried together the statement of either is inadmissible at a joint Trial.
Customer reply replied 1 month ago
this codefendant has been severed from the other two. so, the question is, is their testimony valid against the other two or only themself?

Typically, the defense likes to get co-defendant cases severed and the prosecutor doesn't. The prosecutor would rather try the case just once. It's easier than putting the same facts out there three times. And once the first case gets tried, the defense gets more evidence to see how the prosecutor will be proceeding.

-- What does the defense get that makes them like severance? A quicker trial or deal for one thing. Coordinating the schedules of three defendants and three defense lawyers is difficult. One of the lawyers is generally going to be unavailable on most dates.

The ability to point the finger at the co-defendants for another. A defense lawyer likely won't let his client testify for a former co-defendant, at least if that co-defendant's case is still open. But when only one person is on trial, it's still easy for the defense attorney to set up a defense that any one of the other two could have done it. It's harder when they are all together because the prosecutor will put all of the evidence against them together.

There's far less chance of the jury seeing guilt by association when the defendants are severed.

this codefendant has been severed from the other two. so, the question is, is their testimony valid against the other two or only themself?

If they are on the stand and can be cross-examined, their testimony can be about whatever is relevant to the case and to their defense. If their defense is that the other guy did it they would be entitled to say as much. They can't quote the police reports but they can talk about what they saw and heard.

If you are asking whether they accuse the severed co-defendant on the stand in their case can that evidence come in on the severed case, the answer is no. An exception would be if one doesn't go to trial at all but cuts a cooperation deal to testify at trial for the state against the other two.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,021
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 1 month ago
this could be in their favor for the one that is severed. They had minimal involvement.
Customer reply replied 1 month ago
just had some knowledge of
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