Joint Representation Of A Criminal Lawyer California

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Joint representation is the process by which one Criminal Law Lawyer California represents several defendants charged with similar crimes. All the co-defendants may face a single trial or separate trials. When your attorney represents other client's cases along with your case, there can be a conflict of interest. Your attorney has extra responsibility on his shoulders. He should give effective guidance to all his clients so that they can protect their rights. There are chances when he can miss out certain things for the co-defendants.

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Responsibilities Of A Court

There are certain things that a judge of the trial court needs to do. He should explain to the defendants before the beginning of the trial about their two rights - separate counsel rights and effective assistance of the counsel rights. It is the duty of the court to take action to protect the defendant's rights when a conflict of interest arises.

The judge has the right to take action only if the conflict affects the ability of criminal lawyer California to provide effective representation to the defendants. The judge can be made aware of the conflict in the following ways:

  • Through the criminal lawyer San Diego or the co-defendants.
  • Through his understanding of the defendants and attorneys.
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    However, there are measures set by US Constitution which ensure that all co-defendants are effectively assisted by CA criminal lawyers. They are:

    Conflict Of Interest Arises When:

  • You have committed more crimes than the other co-defendants.
  • The co-defendants make you feel guiltier when tried together.
  • You want to go for trial while the others want to be pleaded guilty.
  • Your criminal lawyer California works in the same law office as your co-defendant's lawyer.
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    Right To A Conflict-Free Counsel

    If a conflict arise during the trial, then joint representation is possible if the dependants are ready to accept the conflict risks and agree to waive the conflict. When the defendants agree to waive their rights it should be done in the court. There are several things that the court must take to ensure a good waiver:

  • The judge should explain the conflict to the defendants and its potential risk to their defenses.
  • The court should permit the defendants to hire other CA criminal lawyers.
  • The court should give the defendants enough time to take a decision before beginning the trial.
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    Court Can Disqualify A Criminal Lawyer

    The court has the right to disqualify or stop a criminal lawyer California from continuing with the cases of co-defendants. The court can appoint separate counsel for the other defendants. This happens when the other defendants refuse for a waiver and when the judge feels that the waiver cannot be permitted as there are chances for a real conflict to occur before the trial begins.

    Thus, the court has to decide on many factors before allowing a joint representation. It is the duty of the judge to balance the rights of the defendants to choose their own attorney and protect the people's confidence and faith in the judiciary.

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