Joinder and Related Concepts and Arraignment Flashcards
What is Joinder of offenses?
When a D can be charged with more than one crime, in the same court. This is when the offense is on the same act or transaction or two or more connected acts or transactions.
What is Joinder of defendants?
Two defendants can be charged if one of thes there are met
1) . each D is charged with accountability for each offense charged
2) . all charged with conspiricay and at least one charged with furtherance of conspiricay
3) the several offence charged were part of common scheme or plan.
What is joint representation
When two defendants are jointly charged and have same attory or firm, fl court myst inquire into the joint representation and personally advise each D of the right to effective right to counsel.
What is consolodation
In order to consolodate separate prosecurions
1) they must be related
2) tried in same court and based on act or transaction
3) . They must be consolodated, failure to move to consolodate cnstitues waiver of the consolodation.
What is Severance and when is D entitled?
When at least two offenses are incorretly charged together in one indictment or information.
When is a motion for serverance timely?
Prior to trial, When you need to severe to show that the D is needed to determine the guillt or innocence.
What is a severance of Defendants?
Must be done if before trial a showing that severance is necessary to get speedy trial, or to get fair determinatio of guitl or innocence of D.
What is an arraignment?
Reading of the indictment or information to the D by judge, clerk or state. Then the D is called upon to plead to the charges.
What needs to happen before arraignment , for the D?
Ct Must inform D of right to counsel, and right to ct appointed counsel if no money. They need affadavit that they don’t have money to get help, or written waiver of counsel.
