Legal Question in Criminal Law in California

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.

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

4 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

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

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Answered on 9/10/13, 10:35 pm

Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Shapiro.

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Answered on 9/11/13, 7:15 am
Joe Dane Law Office of 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.

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Answered on 9/11/13, 8:15 am
Edward Hoffman Law Offices of Edward A. 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.

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Answered on 9/11/13, 12:45 pm

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