Legal Question in Criminal Law in Maryland
My friend was arrest 3months ago for 2nd assualt and reckless endangerment. She pressed charges on him and he has 2nd assault and dangerous weapon. Their court date were on different days,now they have the same trial date. My question is what can they expect to happen? Are they co-defendants in this case now and the state has to prove both cases? Will they have to testify against each other even if they don't want to? I'm very confused! Thanks!
3 Answers from Attorneys
Anything could happen, from a complete dismissal to the State dismissing one case and proceeding on one Defendant but they both need a good lawyer to try to facilitate a dismissal. What county was this in?
If they are the only witnesses that the state has against each other, then if both exercise their 5th Amendment privilege not to testify, the state would have to dismiss both cases.
However, the state has discretion to dismiss one, grant that one immunity, and prosecute the other.
Finally, both might choose to prosecute. At trial neither, either, or both might be found guilty.
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