QUESTION
Can I legally be tried separate from another defendant?
Asked on Nov 09th, 2011 on Criminal Law - California
More details to this question:
I'm representing myself in court and I'm being tried with another defendant. Is asking to be tried separately on the day of the trial too late?
21 ANSWERS
3 Awards
Depends on the court, judge, and prosecutor.
Answered on Jul 03rd, 2013 at 12:29 AM
Steven D. Dunnings
Yes.
Answered on Jun 02nd, 2013 at 9:28 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on May 31st, 2013 at 1:18 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 31st, 2013 at 1:18 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes.
Answered on May 31st, 2013 at 1:17 AM
Jacob P. Sartz
Generally, this is a matter for a properly filed motion argued well before a trial date. The court, though, has the ultimate discretion regarding this issue. I would recommend you retain a lawyer.
Answered on Nov 29th, 2011 at 5:45 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If the charges arise out of a common incident, or one of the charges might be a "conspiracy", then "yes" you could be charged together. Waiting until the day of trial to make the request for separate trials may be too late. This is the type of motion that should have been made early on. Representing yourself at trial is never a good decision as you will be held to the same standard as a attorney. You have already made one mistake. No offense to you, but I am sure you have made other mistakes, and will surely make more during the course of trial. If it's not too late, get an attorney.
Answered on Nov 23rd, 2011 at 3:49 PM
Michael J. Breczinski
You can be tried separately from another defendant if the two defendant have conflicting defenses. Yes it is untimely to first ask this on the day of trial. It should be asked for before hand, so they can bring in more jurors. Also you can represent yourself legally. You also can legally take out your own appendix with a Swiss Army knife and no anesthetic; but are equally mistake free and painless.
Answered on Nov 18th, 2011 at 10:09 AM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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A motion to sever your trials should be made as early as possible to avoid undue delay. If the judge believes that this is a stalling tactic or that separating your trials would unduly burden the court, it will be denied. You should really speak with a qualified attorney. The prosecutor is a highly-trained professional and the court will not grant you any slack for being uneducated on the law. I've never heard of a single case where a self-represented individual has had a positive outcome. Even attorneys know better than to represent themselves.
Answered on Nov 17th, 2011 at 3:24 PM
If you want to be tried separately you will need to file a motion asking the court to separate the trials well in advance of trial. Asking on the day of trial will be too late.
Answered on Nov 17th, 2011 at 9:03 AM
2 Awards
If your co-defendant has made statements which implicate you, the court may be required to have separate trials pursuant to a case called Bruton. I suggest you consult a local Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Nov 17th, 2011 at 8:52 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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You'd better have a damn good reason and I doubt it even if you do. The only reason in this sort of situation is if you get a declaration fromthe other defendant or his lawyer saying if the other guy is tried first and separately from you he can give exculpatory testimony on your behalf but in a joint trial he will not take the stand.
Answered on Nov 17th, 2011 at 8:40 AM
Probably. A motion to sever is not favored by most courts in any event and certainly not on the day of trial. There are issues that would support severance such as those detailed in the Bruton case.
Answered on Nov 17th, 2011 at 8:36 AM
Daniel Kieth Martin
Yes you can be legally tried in a separate trial. You would have to file a severance motion. The basis for you severance motion would have to be reasonable, for example the co-defendant's reputation or conduct was so egregious that you cannot get a fair trial if you are associated with him. As long as the request for a continuance and severance does not prejudice the prosecution or another party then you might be able to get the severance. I would say that it is unlikely that the judge will agree to the request at such a late stage in the proceedings.
Answered on Nov 17th, 2011 at 8:23 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I don't really think there is a cut-off for such a motion, but you should make it as soon as possible. The longer you wait, especially on the day of trial, the more likely it is that the judge will deny the motion and/or the prosecutor will oppose it. I would advise seeking consent of the prosecutor first. That will make it go easier.
Answered on Nov 17th, 2011 at 12:12 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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I am sure the Court has warned you about risks of representing yourself in Court but I figured I would share the same concern.
Answered on Nov 17th, 2011 at 12:03 AM
By yourself you have no chance of accomplishing this. If you had an attorney, he/she would file a motion before the trial to try your case separately. It may or may not be granted by the Judge but this may determine whether you are ultimately found guilty or not because being tried with a co-defendant is one of the worst situations.
Answered on Nov 17th, 2011 at 12:03 AM
2 Awards
You can move to be tried separately and depending on the facts and evidence the Judge may grant your motion.
Answered on Nov 17th, 2011 at 12:03 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Asking on the day of trial is probably too law.
Answered on Nov 17th, 2011 at 12:02 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You should file a written Motion to Sever way before that, but you can still try to request it verbally.
Answered on Nov 17th, 2011 at 12:01 AM
Criminal Defense Attorney serving Santa Ana, CA
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Law Offices of Paula Drake
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Most likely. That is why it is not advisable to represent yourself in a criminal case.
Answered on Nov 16th, 2011 at 11:49 PM