Joinder, Consolidation & Severance of Defendants

Question 1

Joinder of Offenses

Answer 1

offenses may be joined in one indictment or information if based on the same act or transaction

Question 2

Joinder of Defendants

Answer 2

an indictment or info may charge 2 or more defendant if each defendant is charged in each county
- if not charged in each count, there must be at least a common count of conspiracy or an allegation that the various offenses are part of a common plan

Question 3

Joint Representation

Answer 3

If 2 or more defendants have been joined for trial and are represented by the same attorney or firm, the court must advise each of the right to separate representation

Question 4

Consolidation of Offenses

Answer 4

Offenses that could have been joined in one indictment or information may be consolidated for trial upon motion of each side.
- Defendant may move before trial to consolidate all state charges against him and may move for dismissal of charges unreasonably not consolidated

Question 5

Severance of Offenses

Answer 5

Defendant has a right to sever charges improperly joined.

Question 6

Severance of Defendants

Answer 6

Defendant or state may move for severance of defendants if proper to achieve a fair determination for each or to ensure a speedy trial
- if one defendant’s admissible stmt implications a co-defendant, Florida’s codification of Bruton requires the state to choose beforehand among not using the statement at a joint trail, removing references to the co-defendant, and severing the trials