If two codefendants share an indictment charged with murder and one receive manslaughter isn’t the other also entitle to the sam.
“2 codefendants under the same indictment with a charge of murder. One defendant goes to trial the other take a deal to testify. And though charged with murder was sentenced manslaughter even though they where indicted on murder while the one that went to trial was sentenced murder.”
This exact situation is played out time and time again in Georgia & all over the United States virtually every day. It is very common for a Co-Defendant that Negotiates a Guilty Plea to a Reduced Charge or a Reduced Sentence to get a better deal than the one that goes to Trial and is Convicted. Being able to Negotiate a better deal for a Defendant is one of the skills that an experienced Criminal Defense Attorney brings to the table when they represent a person charged with a crime.
The person that went to trial certainly has that right and probably should exercise it in cases where the state has a weak or problem case. However, going to Trial and Loosing often means receiving a harsher sentence from the Judge than the Co-Defendant that entered a Negotiated Plea. There is nothing unusual about this type of situation, it happens all the time in criminal cases. I hope this information is helpful to you.
George McCranie – Offices in Valdosta & Douglas, GA