California Penal Code 1098 PC - Motion to Sever
In California, co-defendants charged with the same crime are typically tried together by default, unless the court decides otherwise, as outlined in Penal Code 1098 PC.
If you are a co-defendant, requesting a separate trial can often lead to lighter penalties or case dismissal—particularly if your involvement was less than that of other defendants, if you are a victim of mistaken identity, etc.
In legal language, a motion to sever is a formal request asking the court to split a defendant's charges or cases from those of other defendants involved in the same crime or related crimes.
A motion to sever is a request made by the prosecutor or defense attorney seeking the court's approval to hold separate jury trials for different charges.
It may also request that the court sever the trials of co-defendants, resulting in defendants being tried separately rather than together. Our California criminal defense lawyers will explain further below.
What Does PC 1098 Say?
PC 1098 says, "When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court orders separate trials. In ordering separate trials, the court, at its discretion, may order a separate trial as to one or more defendants and a joint trial as to the others or may order any number of the defendants to be tried at one trial and any number of the others at different trials, or may order a separate trial for each defendant; provided, that where two or more persons can be jointly tried, the fact that separate accusatory pleadings were filed shall not prevent their joint trial."
Key Takeaways
- The defendant often files a motion to sever, aiming to prevent the jury from hearing all evidence related to all charges in one trial.
- The court may grant such a motion if it believes that trying the offenses or defendants together could cause prejudice.
- The prosecution and defense can request to sever two or more charges if the crimes are unrelated but have been combined for trial.
- When handling related offenses, the court will approve severance of charges if it believes that evidence from each crime could bias the jury, and that severance is needed for a fair verdict of the defendant's innocence or guilt.
- The court assesses the complexity of the evidence and decides whether the trier of fact can differentiate the evidence and apply the law to each offense.
Explaining the Motion to Sever
The motion to sever aims to promote a fair trial. It is usually filed when an attorney thinks that having co-defendants in the same trial could impair their defense.
This might happen because of conflicting defenses, prejudicial evidence, or the risk that other defendants' actions could unfairly influence the jury.
A motion to sever is a privilege, not a right, granted at the court's discretion, emphasizing the importance of strategic legal considerations in the process.
Who Is Allowed to File a Motion to Sever?
A motion to sever can be submitted by either the prosecution or the defense. Usually, the defense files this motion because it often benefits the defendant more to have the trials separate than it does the prosecution.
Typically, prosecutors prefer to combine multiple defendants charged with similar or related offenses to streamline the process.
However, there are situations in which the prosecution might believe that presenting the cases separately would be more advantageous, either for the prosecution or for the defense.
For instance, if one co-defendant is more likely to generate sympathy than the other, the jury might be more inclined to acquit them compared to if they were tried separately.
Typical Reasons for Filing a Motion to Sever
Defense attorneys might file a motion to sever for strategic purposes. Three common scenarios that could lead to this action include:
- Conflict of Interests: If co-defendants present conflicting defenses, it might be best for one or both to request severance. This enables each defendant to argue their case independently without risking contradictions or undermining from the other. Such a motion is often made if one co-defendant plans to testify against the other as part of their defense.
- Prejudicial Association: An attorney might file a motion to sever if they believe their client's case could be unfairly prejudiced by being linked to a co-defendant who has more compelling evidence against them. In other words, such an association could obstruct the defendant's right to a fair trial. The purpose is to avoid jury bias that could result from this connection.
- Inadmissible Evidence: In a joint trial, evidence that is admissible against one defendant might not be admissible against another. Filing a motion to sever can prevent this evidence from being presented to the jury, thereby reducing the risk of prejudice toward the defendant.
Possible Outcomes of a Motion to Sever
If a severance motion is granted, each defendant will face a separate trial, enabling them to present their case independently without interference from others' actions or evidence.
Conversely, if the motion is denied, all defendants will be tried together. This isn't necessarily a negative outcome for the defendant, but it demands strategic planning and preparation to reduce potential prejudice.
If you're involved in a criminal case with multiple defendants, reach out to our law firm to review the case details and available legal options. Cron, Israels & Stark has offices in Los Angeles, CA.