Being charged with other people does not make every defense decision a group decision. In a Glendale co-defendant case, identify the evidence against you, any conflict between defense goals and any plea offer actually made to you. One person’s cooperation or decision to go to trial does not decide your plea.
At Guardian Law Group, our criminal defense attorneys represent clients in Glendale and across Arizona who are charged alongside others in serious felony cases. We understand how prosecutors build joint prosecutions and know how to develop defense strategies tailored to each defendant’s best interests.
What Is a Multiple Defendant Criminal Case?
A multiple defendant case occurs when two or more individuals are charged with participating in the same alleged criminal act or conspiracy. These cases frequently arise in:
- Drug trafficking and distribution investigations
- Robbery or burglary cases involving multiple suspects
- Assault or violent crimes with more than one participant
- White-collar offenses like fraud, forgery, or theft rings
When the prosecution believes several people acted together or shared responsibility, they often combine the charges into a single case for efficiency. However, what helps prosecutors save time can sometimes jeopardize a defendant’s right to a fair trial.
How Arizona Handles Multiple Defendant Cases
Rule 13.3(b) permits joinder of defendants under specified conditions: each is charged with each offense, the offenses are part of a common conspiracy, scheme or plan, or they are so closely connected that separating the proof would be difficult. A vague connection between people is not the complete rule.
While joint trials may be convenient for the state, they can create significant problems for defendants, especially when evidence against one person unfairly influences the jury’s view of another. Defense attorneys can file motions to sever cases, requesting separate trials to prevent prejudice.
The Dangers of Joint Trials
In a joint trial, the prosecution presents evidence against all defendants together. This can make it harder for jurors to distinguish which evidence applies to which person. For example:
- One defendant may have made incriminating statements that indirectly affect others
- Evidence such as weapons or drugs may belong to only one person but appear linked to everyone
- The jury may assume that association equals guilt, even when roles or involvement were minimal
When these risks exist, your defense attorney can ask the court to separate your case so you are tried independently.
Motions to Sever in Multiple Defendant Cases
A severance motion asks for separate proceedings. Under Rule 13.4(a), the court must sever when necessary to promote a fair determination of guilt or innocence. The concrete prejudice and available safeguards matter; different defenses or stronger evidence against someone else do not automatically require separate trials.
Your attorney might argue for severance if:
- A co-defendant’s statements implicate you
- The evidence against others is far stronger than the evidence against you
- You have defenses that conflict with your co-defendants’ positions
- You plan to testify, but others do not (or vice versa)
Separate proceedings may address a demonstrated prejudice, but they do not by themselves decide which evidence is admissible. Counsel should explain the specific concern and requested remedy.
How Prosecutors Build Multi-Defendant Cases
Prosecutors often build these cases using extensive investigations, including:
- Wiretaps or phone records linking defendants
- Surveillance footage showing multiple participants
- Text messages, financial transactions, or social media communications
- Statements made by one defendant that implicate others
Because these cases often rely on indirect or shared evidence, prosecutors sometimes overreach, charging individuals who had minimal or no involvement. This is why independent legal representation is essential in joint prosecutions.
Why Having Your Own Attorney Matters
Co-defendants may share some goals while disagreeing about cooperation, testimony or a plea. ER 1.7 governs concurrent conflicts of interest. Some conflicts cannot be resolved by consent; others require the rule’s safeguards, including informed written consent. Discuss independent representation rather than assume one lawyer can safely advance every defendant’s interests.
For example, one person may consider cooperation while another disputes the accusation. Ask how that difference affects advice, confidentiality and any proposed representation. Do not share defense strategy with a co-defendant on the assumption that your interests or lawyer-client protections are identical.
At Guardian Law Group, we ensure that every client’s defense is individualized and protected, even when the case involves multiple defendants or overlapping evidence.
Common Defense Strategies in Multi-Defendant Cases
Our attorneys use several strategies to protect clients charged alongside others, including:
- Filing motions to sever and obtain separate trials
- Challenging unreliable witness statements or “guilt by association”
- Arguing lack of participation or knowledge
- Suppressing illegally obtained evidence
- Negotiating independent plea agreements when beneficial
Every case is different. Our defense team conducts a detailed review of all discovery materials to identify which evidence truly applies to you and which does not.
How Cooperation Affects Multi-Defendant Cases
In some cases, one or more defendants may decide to cooperate with law enforcement in exchange for leniency. While this can benefit them, it often hurts co-defendants by strengthening the prosecution’s case.
If this happens, your attorney can challenge the credibility and motives of cooperating witnesses, especially when they provide inconsistent or self-serving statements. An effective cross-examination can expose these weaknesses to the jury.
Why Early Legal Representation Is Critical
Multiple defendant cases move quickly, and decisions made early can shape the entire defense strategy. From the moment of arrest, prosecutors are building a case based on statements, relationships, and digital evidence.
Getting legal counsel immediately ensures that your rights are protected, your statements are safeguarded, and your attorney can act quickly to preserve key evidence that supports your defense.
Frequently Asked Questions (FAQ)
Can I be tried separately from my co-defendants?
Yes. If your attorney can show that a joint trial would be unfair or prejudicial, the court may grant a motion to sever your case.
What if another defendant blames me for the crime?
Tell your attorney exactly who made the accusation and where it appears: an interview, message, plea agreement or testimony. Counsel can assess admissibility, inconsistent accounts and any available questioning of a witness. Do not assume that a co-defendant who does not testify can simply be cross-examined.
Can I take a plea deal if my co-defendants go to trial?
A defendant decides what plea to enter after consulting counsel under ER 1.2(a). A lawyer may negotiate separately under Rule 17.4, but a separate offer or favorable terms are not guaranteed. Review the actual written offer, any cooperation requirement and its consequences before deciding, even if others plan to go to trial.
Speak with a Glendale Criminal Defense Attorney Today
For a co-defendant consultation, bring the charging document and any offer addressed to you. Identify conflicting accounts, shared counsel concerns and which decisions have an actual deadline. Guardian Law Group’s criminal defense team can review the documents and discuss the next step.
Call Guardian Law Group today at (602) 888-8020 for a confidential consultation.