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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90956
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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if a person is charged with 8 sexual assaults and 3 murders

Customer Question

if a person is charged with 8 sexual assaults and 3 murders over a period of 2-3 years shouldn't he be afforded separate trials on each victim so as not to taint the jurors?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If each charge was from a completely separate offense, then they are entitled to a separate trial unless the defendant agrees to them being consolidated. If there are multiple victims in the same set of facts and circumstances he only gets one trial or if there are multiple sexual assaults on one victim he gets one trial not separate trials for each offense. Thus, legally it all depends on whether they were completely separate at different times or if they arose out of the same set of facts and circumstances at the same time.



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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90956
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


You wouldn't happen to have a case cite to support the first answer would you? They were all separate assaults and murders happening at different times. It appears the police department just tried to close out some cases and dumped some of them on this individual.

Expert:  Law Educator, Esq. replied 1 year ago.
I apologize but we are not a case law research service and the cost of that research far exceeds the scope of this service.

However, just because the DA wants to try the cases together, it is up to the defendant's counsel to file a motion to sever the trials on the separate counts. Consolidation of cases is at the DA's request and discretion of the court and for the defense to raise an objection to and counts are severed by the courts, as I said above, when they are all separate incidents not from the same facts or incident. AZ courts allow joinder of counts in the same trial on the basis of the counts being of the "same or similar character." Ariz. R. Crim. P. 13.3(a)(1).

Generally, when offenses are joined pursuant to Rule 13.3(a)(1), Ariz. R. Crim. P., for being of the "same or similar character," the defendant is entitled to severance as a matter of right "unless evidence of the other... offenses would be admissible under applicable rules of evidence if the offenses were tried separately." Ariz. R. Crim. P. 13.4(b); see also State v. Ives, 187 Ariz. 102, 106, 927 P.2d 762, 766 (1996).
Customer: replied 1 year ago.

Thank you. You went above and beyond your duties to answer my question. This is a Capital PCR case. I really appreciate your help. Have a great weekend!

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you .

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