Separate consideration--multiple defendants charged with different crimes is a situation in which two or more defendants are charged with different criminal offenses. In such a situation, the court may consider each defendant's case separately, rather than grouping them together and making a joint ruling. This allows the court to consider the individual circumstances of each accused and to make a ruling that is tailored to their specific situation. Separate consideration--multiple defendants charged with different crimes is applicable when defendants are charged with different felonies or misdemeanors, or when each defendant is charged with a separate count of the same crime. In certain cases, the court may also allow for mitigating circumstances to be taken into consideration when determining the sentence. There are three types of separate consideration--multiple defendants charged with different crimes: concurrent sentencing, consecutive sentencing, and hybrid sentencing. In concurrent sentencing, multiple defendants are sentenced simultaneously for their respective crimes. In consecutive sentencing, the sentences for each defendant are served consecutively, meaning that the defendant must serve the sentence for one crime before beginning to serve the sentence for the next crime. In hybrid sentencing, a combination of concurrent and consecutive sentencing is used.
SEPARATE CONSIDERATION--MULTIPLE DEFENDANTS CHARGED WITH DIFFERENT CRIMES
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FAQ
In criminal law, if a defendant commits a single act that simultaneously fulfills the definition of two separate offenses, merger will occur. This means that the lesser of the two offenses will drop out, and the defendant will only be charged with the greater offense.
Criminal Cases with Co-Defendants When going through the legal process, they can either have separate trials or have them together, depending on the case.
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.
A joint trial of codefendants (also known as "joinder") occurs when a judge merges the cases of two or more defendants. Joint trials happen when the issues in the defendants' cases overlap enough to make a single trial both fair and more efficient.
Duplicity is the joining in a single count of two or more distinct and separate offenses; multiplicity is the charging of a single offense in several counts.
The Federal Rules of Criminal Procedure 19 and all their state counterparts 20 permit prosecutors to charge multiple offenses ? officially known as ?charge joinder? ? by joining multiple counts of a crime upon a single defendant.
A judge in a criminal case may feel that it is appropriate to combine the cases of multiple defendants when their charges involve the same set of circumstances. This can help a judge streamline their calendar and resolve a case more efficiently.