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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27749
Experience:  Active member of the NYS bar since 1989
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My 22 yo was arrested 2/5/16 for accessory after the

Customer Question

my 22 yo was arrested 2/5/16 for accessory after the fact-and has been in jail since, she is being tried together w/co defendant-charge=attempted murder, his bail in over 2million-hers was as well, however the courts lowered it to 540K. I need to know how to get her separated. she has a PD and he is not doing much, every time they go to court he says shes getting out the next court date. he is intimidated by the prosecutor and doesn't want to ruffle feathers. details of incident-Eric-Candice's on/off boyfriend, who had recently "joined a gang"picked Candice up after she got off of work and they were going to the park, upon arrival they ran into a "rival" who made a comment about Candice and Candice replied something back and the rival along with 2 other friends aggressively ran after Candice and Eric, Candice and Eric were running from them and during this time Eric had a gun and started shooting as he was running away-the bullets 2 of which hit the sidewalk and ricochet and 1 bullet hit the victim in the knee. Candice was so frightened, she didn't know Eric had a gun, then everything was chaotic and eric said get in the car and drive, so she did. they were arrested the next day. Candice is not a gang member, doesn't have a record, had a full time job and just poor taste in a man. She is joined with his charges, her PD told her that the prosecutor was going to accept her plea of felony w/gang enhancement, time served 2 months ago and nothing has happened-her PD says the prosecutor is in a trial and he hasn't had time to think about this case. last week she was supposed to get released-her pd told her to have her family bring a change of cloths to court bcuz she was getting out, that wasn't the case-actually during this court date her PD told her he wasn't sure if the prosecutor was going to separate the cases. eric is looking at a lot of time, he has nothing to lose by going to trial. Candice just wants out and will plea guilty w/enhancement just to get out, now almost a year later, shes still in with no end in sight. her next court date is 11/9/16-please advise on how to get case separate.
JA: What state is this in? And can you tell me a little more about the charge?
Customer: ca
JA: Has anything been filed or reported?
Customer: what do you mean?
JA: What confuses you?
Customer: your question: Has anything been filed or reported?
JA: Anything else you want the lawyer to know before I connect you?
Customer: what are you communicating to her?
Submitted: 11 months ago.
Category: Legal
Expert:  Zoey, JD replied 11 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Expert:  Zoey, JD replied 11 months ago.

The way to get a defendant's case separated from a co-defendant is to file a motion requesting severance under SEction 1098 of the California Penal code.

That said, for purposes of judicial economy courts prefer to keep the case together unless you can show a fundamental injustice in trying them together.

Have your daughter ask the public defender why he is not moving for severance. He should be able to give her an answer that would make sense to her. If he cannot do that, then she can ask the judge for another public defender since this one does not appear to be taking much of an interest in her case.