California  |  Criminal Law

Legal Question

Asked on: 9/10/13, 9:30 pm

In a case of Homicide, Accuse are 4. One of the defendant wants to be separated from the 3 other defendants to fight the case, can this be done and what is the procedure for the request. Thank you.

4 Answers


Answered on: 9/10/13, 10:35 pm by Zadik Shapiro

The answer is a severance motion but they are rarely granted. He/she should talk to his/her attorney .


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Offices of C. Zadik Shapiro 15 Boardman Pl. San Francisco, CA 94103

Other answers from this attorney

Answered on: 9/11/13, 7:15 am by Anthony Roach

I agree with Mr. Shapiro.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

Other answers from this attorney

Answered on: 9/11/13, 8:15 am by Joe Dane

They can't sever their case just because they want to. They have to show that it is necessary in order to get a fair trial for some reason. A defense motion to sever is rarely granted.

The prosecution can sever a defendant out for evidentiary reasons on occasion.

Whoever this is - they're charged with murder. Their attorney is the one to direct these questions to. They will know the case and whether there are grounds to sever.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Office of Joe Dane 850 E. Chapman Ave., Suite C Orange, CA 92866

Other answers from this attorney

Answered on: 9/11/13, 12:45 pm by Edward Hoffman

As the other lawyers have noted, this procedure is called a motion for severance. That the defendant wants his own trial is not reason enough to grant the motion.

Whether a defendant is entitled to severance depends upon the specifics of his case. Mr. Shapiro is right that these motions rarely succeed, but that's partly because many of them are brought in cases where they are not justified. You haven't told us enough about this case to say whether severance is appropriate here.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Offices of Edward A. Hoffman 11755 Wilshire Boulevard, Suite 1250 Los Angeles, CA 90025

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search