Legal Question in Criminal Law in Louisiana

Aggravated rape case?

My husband was arrested on aggravted rape charge along with his brother who was arrested on aggravated rape and molestation of a junevuile, and their father arrested for aggravated rape and indecent behavior with a juvinile. The alleged crimes all supposedly happened at driifrent times with none of the other defendents present but the court has combined all three cases into one trial. Is that legal. Shuldn't my husband be entitled to his own trial because i have been told that if the prosecutor has evidence on one of the other defendents then they can find my husband guiltuy as well. Is he entitled to his own trial with just him and not his brother and father included?? Please help because i think the systme is jerking us around. This has been goin on for 2 years they were arrested in 2006 and released on bond never went to trial and then the local district attorneys office dropped the charges and transferred the case to the attorney generals office and then rearrested them again 2 years later for the same charges. Is that legal??


Asked on 7/28/08, 5:28 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Aggravated rape case?

There has to be a common connection among all the parties and the crimes before they can be tried together. Talk to his lawyer. I am sure he is or has filed motions to sever the defendants and for separate trials. If what you write is accurate, it is like trying 2 bank robbers in one trial, for robbing 2 separate banks alone, on different days.

Read more
Answered on 7/29/08, 8:20 am


Related Questions & Answers

More Criminal Law questions and answers in Louisiana