Greensboro Trial Attorneys use joinder motions as an effective tool to protect their clients. Filing motions at trial is essential, and the best Greensboro trial attorney would not consider defending a client unless they were familiar with these procedures.
Joinder is an important strategic tool for both the defense and prosecution. Different offenses may be joined for trial if they (1) arise from the same act or transaction or series of connected transactions, and (2) the defendant’s defense of any charge would not be hindered. Defendants may be tried together if the charged offenses are the same crime or arise from the same incident.
Severance of the defendants is proper when the state’s evidence includes testimony or evidence of one defendant blaming the other, either defendant’s defense is antagonistic to the others, or circumstances dictate that joinder would impede a fair trial.
A motion to join is made either before arraignment or within 21 days of indictment. Failure to make the motion waives both the right to join and the right for any joinable offenses to be dismissed if not joined. Severance motions may be made either prior to trial, or if the facts so dictate during the trial, may be made during the trial itself. Severance motions should be reiterated at the close of the state’s evidence.
Relevant Statutory Authority
15A-926 Joinder of offenses and defendants.
15A-927 Severance of offenses; objection to joinder of defendants for trial.
If you need assistance on a felony trial, contact the best Greensboro trial attorney firm today, at 336-379-0539. Garrett, Walker, Aycoth and Olson are here to help!