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Case severance after co-defendant gives statement against the other defendant.

Los Angeles, CA |
Filed under: Criminal defense

If one defendant confesses to a crime and makes a statement against the co-defendant for the sake of getting a deal, but then decides that the deal isn't good enough and would rather go to trial ( yes, even after confessing) Is this grounds to get a case severance even if the prosecutor does not plan to use the statement against the co- defendant. Can someone be forced to go to trial with someone who is confessing and giving incriminating statements against them.

Attorney Answers 1


  1. I believe this is a duplicate question, so to be sure you get an answer, I'll repost here as well.

    The situation you're discussing is something that's covered in case law. The Aranda-Bruton issue is where one co-defendant gives a statement that incriminates them, but also implicates their co-defendant.

    If the prosecution intends to use the statement, it must be sufficiently redacted to exclude mention or indirect implication of the other defendant or the second defendant must be severed and allowed a separate trial.

    If the prosecution does not intend to use the statement, then it won't be a ground to sever off the second defendant.

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