Is asking to be tried separately on the day of the trial too late? 11 Answers as of August 14, 2011

If I'm representing myself in court and I'm being tried with another defendant. Is asking to be tried separately on the day of the trial to late?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
No, some judges prefer to hear such motions as part of the pretrial motions. I don't think it is particularly good decision representing yourself however unless you really know what you are doing.
Answer Applies to: California
Replied: 8/14/2011
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
The court may indulge your request but it is unlikely. There is no harm in asking.
Answer Applies to: Massachusetts
Replied: 8/13/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Christopher Lee
Depends on whether the interests of justice would be served and whether or not your right to a fair trial is being violated. You can ask for a motion to sever the day of the trial and you can argue to the judge why your trial should be separate from the other defendant.
Answer Applies to: California
Replied: 8/13/2011
The Law Offices of Victor J Mazzaraco
The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
even if it is, make the request. It lays the foundation for a good issue on appeal.
Answer Applies to: California
Replied: 8/13/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
It may be, but if your lawyer can convince the judge to sever (split) the case, and if you're willing to waive time if necessary. Keep in mind that you must have a compelling reason why trying the case together would result in an unfair trial. It's a fairly high burden to overcome.
Answer Applies to: California
Replied: 8/13/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Probably. If you are having to ask basic questions about law and procedure, you certainly shouldnt be representing yourself against an experienced professional prosecutor intending to convict. If it is not too late, and if you are serious about hiring counsel to help in this,
    Answer Applies to: California
    Replied: 8/13/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    Most likely, it will depend on the circumstances for which you are asking to be tried separately. The greater the prejudice against you if you are tried together the greater the need to sever and the more likely it is a judge will need to grant it. Also, it will depend on when you were given the discovery on the case that led to the prejudice of being tried together, if this is something you have had all along it is unlikely a judge is going to grant separate trials right before it is set to start.
    Answer Applies to: California
    Replied: 8/13/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You have to have a legal reason to be tried separately from your co-defendant. This is one of the reasons that having an attorney is a good idea. If you co-defendant has made an incriminating statement that includes you, that could be a basis for a separate trial
    Answer Applies to: California
    Replied: 8/13/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Most likely but depends on the facts and case. Sent from my HTC on the Now Network from Sprint!
    Answer Applies to: California
    Replied: 8/13/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    Yes- You would have to file a formal motion requesting severance. Usually- the Judge will want to try the case together for judicial economy and will only serve the case if there are legal grounds. In all honesty sir, you should seek counsel....
    Answer Applies to: California
    Replied: 8/13/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No it isn't, but raising it by yourself is a sure guarantee that the Judge will deny it. Time to hire a lawyer pal.
    Answer Applies to: California
    Replied: 8/13/2011
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