Separate Consideration — Multiple Defendants Charged With Different Offenses is a legal term used to describe when multiple defendants are charged with different offenses as part of the same case. This may be due to the defendants acting together in a criminal incident or because of separate criminal acts they each committed. In such cases, the court will consider each defendant separately and usually issue different sentences. There are three types of Separate Consideration — Multiple Defendants Charged With Different Offenses: concurrent sentences, consecutive sentences, and concurrent and consecutive sentences. Concurrent sentences are when two or more sentences are served at the same time. This means that the defendant will serve the longest sentence and the other sentences will be served at the same time. Consecutive sentences are when multiple sentences are served one after the other. This means that the defendant will serve each sentence consecutively, with the longest sentence being served first. Concurrent and consecutive sentences are when some sentences are served at the same time and some are served consecutively. This means that the defendant will serve some sentences concurrently and some consecutively.
Separate Consideration - Multiple Defendants Charged With Different Offenses
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FAQ
Yes, co-defendants in drug cases may receive different sentences. When two people are charged and convicted of the same crime, the maximum penalty they are facing may be the same, but the actual sentence each receives can vary greatly.
When to Sever Trials. A defendant generally does not have a right to a separate trial upon request, except in some narrow situations such as death penalty cases. However, a defendant can ask a judge to sever a joint trial if proceeding jointly would jeopardize their right to a fair trial.
A joint trial of codefendants (also known as "joinder") occurs when a judge merges the cases of two or more defendants. Joint trials happen when the issues in the defendants' cases overlap enough to make a single trial both fair and more efficient.
Co-defendants often have conflicting interest in a criminal case. A prosecutor may offer a co-defendant a plea agreement to testify against or "flip" against the other co-defendants in a case. If the case proceeds to trial, lawyers for a co-defendant may have different strategies for defending the case.
It can be difficult for an attorney to represent both codefendants competently and diligently as required. The American Bar Association advises against representing co-defendants, but there is no general law forbidding it.
A judge in a criminal case may feel that it is appropriate to combine the cases of multiple defendants when their charges involve the same set of circumstances. This can help a judge streamline their calendar and resolve a case more efficiently.
Simply put, a ?co-defendant? is simply someone who is also charged in your case. He or she may have the same charges you have, have slightly different charges, or have completely different charges. It all depends on the facts of your case.