Q: Three juveniles were arrested for burglary. Can a guilty plea by one affect the outcomes of the other boys' hearings? In this case there are conflicting witness statements. One placed the boys inside a building, the other said they were outside even though the witnesses were together. One boy's lawyer is planning to ask for the case to be dismissed. Can this impact the other hearings?
A: Chosen as "Best Answer" by Asker on www.AVVO.com
Answered . A lawyer can ask for a case to get dismissed but cases don't get dismissed unless there is a compelling reason (legal, factual or both) for the same to occur.
That said, to answer the question "Can a guilty plea by one affect the outcomes of the other boys' hearings?"... Yes, and in many ways.
For instance, if statements are made then they are likely admissible and once the case is closed (by way of a guilty plea or otherwise) then the person no longer enjoys a 5th Amendment privilege and can be compelled by the State to be a witness and to testify (this cannot happen when the case is alive and a not guilty plea is in effect) against those former co-defendant's who still have open cases.
The government can also offer any of the defendant's a plea deal rife with incentives which are designed to get them to "flip" and to voluntarily testify as a state's witness against the remaining defendants.
Lots of things can (and do routinely) happen, This is a recurring problem when you are dealing with multiple defendant cases (whether juvenile or adult the same principals apply).
My advise: Lawyer up and prepare for the rats to flee the sinking ship.
I hope that I have been helpful in answering your question.
That said, to answer the question "Can a guilty plea by one affect the outcomes of the other boys' hearings?"... Yes, and in many ways.
For instance, if statements are made then they are likely admissible and once the case is closed (by way of a guilty plea or otherwise) then the person no longer enjoys a 5th Amendment privilege and can be compelled by the State to be a witness and to testify (this cannot happen when the case is alive and a not guilty plea is in effect) against those former co-defendant's who still have open cases.
The government can also offer any of the defendant's a plea deal rife with incentives which are designed to get them to "flip" and to voluntarily testify as a state's witness against the remaining defendants.
Lots of things can (and do routinely) happen, This is a recurring problem when you are dealing with multiple defendant cases (whether juvenile or adult the same principals apply).
My advise: Lawyer up and prepare for the rats to flee the sinking ship.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests. While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1
@Sharky910 / www.criminallaw.miami / www.haberpa.com /
www.facebook.com/haberpa /
https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com
www.facebook.com/haberpa /
https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com
LIKE www.facebook.com/haberpa ~
FOLLOW http://habercriminallaw.blogspot.com ~
SUBSCRIBE https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~ CALL 1-888-SHARK-8-1
FOLLOW http://habercriminallaw.blogspot.com ~
SUBSCRIBE https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~ CALL 1-888-SHARK-8-1
THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Juvenile #JuvenileCiourt #Delinquency #JuvenileDelinquency #CoDefendants #Statements #Admissions #Confessions #StatementsAgainstInterest #Hearsay #StatementsOfTheDefendant #StatementOfCoConspirators #CoConspirator #Plea #Flip #Rat #Snitch #GovernmentWitness #StateWitness #StatesWitness
No comments:
Post a Comment