In the state of Nevada, rules for joinder found in Nevada Revised Statute section 174.155 give the court the authority to order multiple indictments or multiple informations to be tried together. Essentially, this means if a defendant is to stand trial for multiple related crimes, the court can require the defendant have one combined trial for each of the offenses. In some cases, it is also possible for multiple defendants who could be charged under the same indictment or information to have one trial with both defendants.
Joinder of cases can sometimes be detrimental to defendants. If you are being tried for a criminal offense and are concerned that joinder could undermine your defense strategy or adversely affect your chances of avoiding conviction, you need to object to the joining of defendants or to the joining of cases. Determining whether joinder would be a bad thing in your case can be complicated, as can convincing the court to grant a motion for relief.
An experienced Las Vegas criminal defense attorney can provide a comprehensive assessment of your case, invaluable advice on issues related to joinder, and assistance with petitioning the court. LV Criminal Defense knows the Nevada rules of procedure related to joinder and our firm excels in helping clients to address the technical issues that arise during the pre-trial and trial phase. Our knowledge of the rules of criminal procedure will be invaluable in helping you to explore all possible options for avoiding conviction.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada Revised Statute section 174.165 establishes the rules and requirements for seeking relief from joinder. According to the relevant rule, the court can order an election or separate trials in situations where either the defendant or the state of Nevada would be prejudiced by joinder of offenses. In cases where it would be prejudicial for two or more defendants to have their cases joined in a single trial, the court may also grant a severance of defendants so each defendant has a separate trial instead of a joint trial. The court can also provide other relief from joinder, as required to serve the interests of justice.
If a defendant believes joinder would be prejudicial, the defendant may submit a motion to the court. When the court rules on a motion for severance, the court may order the district attorney to provide certain information in chambers. This means the information would be provided to the judge in a private setting, outside of the hearing of the jury.
The information the district attorney could be required to provide includes statements or confessions which have been made by any of the defendants and which the prosecutor intends to introduce at trial. If one of the defendants confessed or made incriminating statements, this could be a solid reason why it would be prejudicial to try this defendant with others who were allegedly involved in committing the same crime. The judge thus needs to review this information to determine if it would be prejudicial to try the defendants together because of the statements the defendant made.
LV Criminal Defense can help you to determine if joinder would be prejudicial to you. We can also prepare a motion for relief from the court if you believe joinder of cases or joinder of defendants is adversely affecting your defense strategy.
Our firm has the knowledge and experience to provide assistance in developing an effective trial strategy so you can reduce the possibility you will be convicted or so you can reduce potential penalties you face. When you need a Las Vegas defense lawyer to assist you with issues related to joinder or with other legal matters in your case, give us a call.