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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118809
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Myx question is about a criminal case, Louisiana, This is my

Customer Question

Myx question is about a criminal case
JA: In what state did this occur?
Customer: Louisiana
JA: Have you talked to a lawyer yet?
Customer: This is my question . you have two people who. Was charge with a crime. They bring one to court and the other person is waiting to go to court. Is it legal for the person waiting to go to trial to sitbin the court room and here all the testimonies given in court .
JA: Anything else you want the lawyer to know before I connect you?
Customer: I know this is now legal at any court. Who do i need to contact on this issue on the judge and D.A
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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

Unless the defendant on trial's attorney asks the court for sequestration of witnesses and defendant 2 is a witness, it is not improper or against any rule of criminal procedure for the second defendant or even his attorney to be present in the court during defendant 1's trial. If defendant 1 wants to try to exclude defendant 2, then he needs to ask his attorney to see if he can get defendant 2 sequestered. They cannot force defendant 2 to testify and incriminate himself, but that does not mean they cannot try to put him on as a witness.

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Customer: replied 1 month ago.
You misunderstood. Two. People was involved in a murder case. The bring the first person to trial. The secon person is waiting for trial but he was able to sit in court and listen to every detail about the case before his trial. Every witness statemen before his trial
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

I did not misunderstand, I knew what you meant. As a former law enforcement officer as well as attorney in LA, this is quite a common occurrence actually in these types of trials. It is not against the LA Rules of Criminal Procedure to allow a defendant in a bifurcated trial to be in the court room unless the judge issues a sequestration order based on that person being a potential witness (not even an actual witness) in the case. The trial is a public open hearing, not a closed one and the court cannot exclude anyone except for a witness. So, he and his attorney both can be there as I said above.