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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4492
Experience:  Almost 12 years of legal experience, primarily in criminal law
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Question is for Hammer O Justice This is a follow up to

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Question is for Hammer O' Justice:
This is a follow up to a question I asked you earlier tonight regarding severing two cases...
I was not clear about the fact that the two cases that the DA has asked to be tried together have very different facts, and the allegations are in different years...the only thing similar is that the defendant was a caregiver for two seperate people that lived in the same house, and both involved money.
There was a dispute, the two seniors got together and went to police in one state and tried to convice them to file charges. The investigation proved the allegation to be false, so they went to another state, changed the story regarding the money they gave defendant ( one gave defendant a check in 2002, the other wired money to bank in 2004) and they want their money back.
Instead of discussing or asking this with defendant, they just went to the police and made an accusation.
The actual cases are weak individually on their own but our concern is that just the appearance of two people making an accusation just Looks very bad to a jury
Based on this new information, does that change your opinion at all about how likely we can get seperate trials?
Thank you for answering this follow up..
Yes, that information would change my answer. Given that the incidents were so far removed from one another, it does appear that it would be prejudicial to join them. Judges will allow joinder of cases that occur on separate dates if they are part of a larger pattern or scheme. However, two incidents involving two different victims that are two years apart seems remote enough that they should be tried separately. There are not enough common facts that it would be economical to try them together, so it is clear that the prosecution is only attempting to keep them together, as you say, to bolster individual cases that are not strong. It sounds like your relative's lawyer could have a good argument against joinder.
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