Can one defendant be tried in court if the co defendant is being sought? 8 Answers as of May 09, 2012
My daughter was arrested and charged with VC 10851 & (A) PC 496D(A) in kern co CA. Her co-defendant was arrested and then released (they dropped the original charges) They re-filed slightly different charges (above) and her co-defendant is being sought ( 20,000 arrest warrant out for him). Can she still be tried if they don't find him or does she have the right to ask to be tried alone? She did not know the vehicle was stolen, but he did!Free Case Evaluation by a Local Lawyer!
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Law Office of Peter F. Goldscheider | Peter Goldscheider
She can be tried even if the co-defendant is being sought. If he were also before the court there is no right to be tried alone but her attorney can bring a motion to do so.
Answer Applies to: California
Replied: 5/9/2012
Law Office of Eric Sterkenburg | Eric Sterkenburg
A person may be prosecuted for a crime with a co-conspirator at large. A defendant may file a motion to have the cases tried separately if the prosecution is going to try them together.
Answer Applies to: California
Replied: 11/14/2011
Law Office of Joe Dane | Joe Dane
She has rights to a speedy trial, so if they don't find him and join him in the case, she's going to trial by herself.
Answer Applies to: California
Replied: 11/11/2011
Law Office of Tracey S. Sang | Tracey Sang
She can be tried without him. If they find him, she can ask to be tried alone but such a motion will probably not be granted absent a compelling reason why. Judicial economy prefers to try all defendants together on the same set of facts so as not to reproduce efforts.
Answer Applies to: California
Replied: 11/11/2011
Law Office of Daniel K Martin | Daniel K Martin
Yes she can still be prosecuted.
Answer Applies to: California
Replied: 11/11/2011
Law Office of Jeff Yeh | Jeff Yeh
Yes she can be tried alone even if they don't find the other guy. Usually prosecutors like to try co-defendants together, and courts like to grand such requests for efficiency. However, if they can't find the other guy, and your daughter has already been charged, chances are she will be tried alone.
Answer Applies to: California
Replied: 11/10/2011
Law Offices of Paula Drake | Paula Drake
She has her own speedy trial rights. She can refuse to waive her speedy trial rights and force them to proceed without him. Who knows if/when they will ever find him; if they do while her case is pending, her lawyer can file a motion to sever the defendants.
Answer Applies to: California
Replied: 11/10/2011
Dennis Roberts, a P.C. | Dennis Roberts
Yes she will be tried alone as she doesn't have to waive time so they only have a limited time to try her or dismiss the case.
Answer Applies to: California
Replied: 11/10/2011
