Jury Instruction - Confession - Statement - Multiple Defendants 2025

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Rule 7 of the Rules of Professional Conduct of the State Bar states that: A member of the State Bar shall not represent conflicting interests, except with the consent of all parties concerned.
If defendants X and Y are being tried jointly and the statement is one of defendant X, the jury should be instructed that it may consider the statement as evidence of Xs guilt but may not consider it as evidence of Ys guilt.
codefendant. A codefendant is one of multiple defendants jointly sued in the same civil action or formally accused of committing the same crime . For instance, if A sues B and C, B and C are codefendants.
The main situation in which joining trials makes sense is when two or more defendants have been charged based on the same facts. They do not all need to have been charged with the same crime, although usually they are facing the same charge or some of the same charges.
PC 1098 says, When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order separate trials.
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For instance, each defendant files an answer after a lawsuit is filed, and it can be a substantial amount of work for attorneys to prepare a single answer for each defendant. However, one attorney can represent multiple defendants and they can prepare one answer that is satisfactory for multiple defendants.

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