I am on trial for burglary. My co-defendant plead guilty. Can my co defendant testify at my trial that he is full responsible and I had nothing to do with the case? Can the DA give him more time for testifying against me?
First, I would look to what charges your co-defendant plead guilty. If he plead guilty guilty to Conspiracy, then you probably don't want him to testify for you because if he does testify for you, the DA will be able to say, "well who did you conspire with to commit this crime that you admittedly committed?" If he did NOT plea to conspiracy, then you want him to testify that he was only convicted of the underlying crime itself because while he was charged with conspiracy he didn't plea to it because he acted alone and he would never plea to something he didn't do.
If he has already been sentenced on his case, there is nothing the DA can do to give him more time. If he hasn't been sentenced in his case, you can be assured the DA will ask for more time if he testifies for you.
Labels: burglary, co-defendent, conspiracy, defendent, sentence