Joinder and Motions

Question 1

Two or more offenses may be joined

Answer 1

in a single indictment and tried together if they are based on the same act or transaction

Question 2

The court may order separate trials on separate offenses when

Answer 2

Justice requires

(when D would be unfairly prejudiced by trying both cases together) look for evidence of old convictions would come in for one crime, but shouldnt for the other crime

Question 3

Two or more defendant’s may be joined if

Answer 3

1) The commonwealth moves for a joint trial; and

2) The court agrees

Question 4

The Court may order a joint trial of D’s if

Answer 4

The Ds were involved in related acts or series of acts that resulted in the offense

Question 5

A court may order separate trials of Ds if

Answer 5

A joint trial would prejudice a D

Question 6

A motion to Nolle Proseuqi

Answer 6

Is the Commonwealth’s motion to dismiss a charge for good cause

(a court can deny this)

Question 7

Standard for Motion to Strike Evidence

Answer 7

Evidence is insufficient as a matter of law to sustain a conviction

Question 8

A motion to set aside the verdict

Answer 8

Must be made no later than 21 days after the final order of conviction (the judgement order that follows sentencing

Question 9

Speedy Trial Act

Answer 9

Trial must commence within 5 months if D is in custody and 9 if he is out of custody

Question 10

The clock for the speedy trial act starts

Answer 10

When there has been both an arrest and a preliminary hearing (or indictment if done by direct indictment))

Question 11

When does a Trial commence ?

Answer 11

When jeopardy attaches (jurors sworn in for trial, first witness sworn in for bench trial, or guilty plea made)

Question 12

Speedy Trial is an

Answer 12

Affirmative Defense. A defense motion seeking dismissal based on the right to speedy trial must be made in writing and given to opposing counsel before trial commences