Pennsylvania Rule regarding Severance of Offenses or Defendants

by | Jan 13, 2015 | Motions

Pennsylvania Rules of Criminal Procedure permits a severance of charges or severance of defendants in criminal trials.  This rule is generally made upon motion of the defense.  This rule is permitted to be used if the moving party may be prejudiced by offenses or defendants being tried together.

The most common examples of this rule is (for the severance of offenses): if the defendant is charged with being a felon not to possess a firearm, in addition to other charges or (for the severance of defendants): if one of the defendants gave a confession and that same defendant does not plan to testify at trial.

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