Separate consideration — multiple defendants charged with same offense is a legal concept that applies when two or more defendants are charged with the same crime. This legal concept is also referred to as the “same transaction” rule. In this situation, each defendant is entitled to their own separate trial, and each defendant’s case can be considered independently of the other. This is done to ensure that each defendant is treated fairly and that their rights are respected. Under the separate consideration rule, each defendant is allowed to present their own defense and can be held accountable for their own individual actions. The types of separate consideration — multiple defendants charged with same offense are: 1) Joint Trials — where multiple defendants are tried together; 2) Separate Trials — where each defendant is tried separately; and 3) Consolidated Trials — where multiple defendants are tried together but each defendant’s case is considered separately.
Separate Consideration - Multiple Defendants Charged With Same Offense
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FAQ
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.
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.
Yes. Generally, courts will make sure that all those involved in a drug incident will be prosecuted together. That means that you would typically find out who the co-defendants are in your case very early on. That can be important information.
In some situations, a judge may join trials that are based on different charges if the prosecution would need to prove one charge to prove the others. A joint trial often arises in cases involving conspiracy or sophisticated, organized criminal enterprises.
A codefendant is one of multiple defendants jointly sued in the same civil action or formally accused of committing the same crime. For instance, if A sues B and C, B and C are codefendants.
Duplicity is the joining in a single count of two or more distinct and separate offenses; multiplicity is the charging of a single offense in several counts.
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.