Do two people being tried for the same offense get the same sentence if found guilty?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do two people being tried for the same offense get the same sentence if found guilty?
A man and woman are on trial for attempting to smuggle illegal drugs into the US. The female was unaware of the situation and what was really going on until the bust occurred. Even though this was the case, the courts didn’t buy it and now both are on trial together as a group. If found guilty, will they both receive the same sentence? What if the man confessed and says the woman is innocent and was unaware of the situation, would this change anything? Lastly, if this couple is up against the Federal government, what are the chances of the couple winning? Is there a standard penalty?
Asked on October 18, 2010 under Criminal Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Two people can not only be charged for the same crime but also be both found guilty thereof. It is usually called a conspiracy or in the circumstance of one being the brains behind the operation, it could be one is the principal and one is the accessory to the crime. If a man and woman are both on trial for attempting to smuggle illegal drugs into the U.S., that means the items were found in the possession of both (like luggage) and/or the authorities reviewed the surveillance footage and found both were acting suspiciously such to lead to enough probable cause that both were in on the crime. The courts didn't buy it because most likely the drugs were also found (or traces were found) on the woman's person as well. They can definitely be tried together but if the defense attorneys try, they might be able to get separate trials for each person. If the woman is simply an innocent bystander, then her attorney may wish to plea her out or talk to the authorities about everything and anything she knows in order to get immunity from prosecution.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.