A motion to sever your trials should be made as early as possible to avoid undue delay. If the judge believes that this is a stalling tactic or that separating your trials would unduly burden the court, it will be denied. You should really speak with a qualified attorney. The prosecutor is a highly-trained professional and the court will not grant you any slack for being uneducated on the law. I've never heard of a single case where a self-represented individual has had a positive outcome. Even attorneys know better than to represent themselves.

Answer Applies to: California
Replied: 11/17/2011

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I do not know what youare being tried for, but cases with co-defendants and the potential use of their statements is sufficiently difficult that representing yourself is not a good idea. But to answer your question, A motion to sever, especially if based on statements the DA wants to use against you that were made by the co-defendant, is appropriate as an in limine motion made at the court tring the case.

Answer Applies to: California
Replied: 11/17/2011

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No, it is not too late but the likelihood that a judge will grant the motion is very low. It is constitutionally acceptable to try 2 defendants charged in the same set of facts together.

Answer Applies to: California
Replied: 11/17/2011

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You'd better have a damn good reason and I doubt it even if you do. The only reason in this sort of situation is if you get a declaration fromthe other defendant or his lawyer saying if the other guy is tried first and separately from you he can give exculpatory testimony on your behalf but in a joint trial he will not take the stand.

Answer Applies to: California
Replied: 11/17/2011

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Yes you can be legally tried in a separate trial. You would have to file a severance motion. The basis for you severance motion would have to be reasonable, for example the co-defendant's reputation or conduct was so egregious that you cannot get a fair trial if you are associated with him. As long as the request for a continuance and severance does not prejudice the prosecution or another party then you might be able to get the severance. I would say that it is unlikely that the judge will agree to the request at such a late stage in the proceedings.

Answer Applies to: California
Replied: 11/16/2011

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Asking on the day of trial is probably too law.

Answer Applies to: California
Replied: 11/16/2011

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By yourself you have no chance of accomplishing this. If you had an attorney, he/she would file a motion before the trial to try your case separately. It may or may not be granted by the Judge but this may determine whether you are ultimately found guilty or not because being tried with a co-defendant is one of the worst situations.

Answer Applies to: California
Replied: 11/16/2011

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I am sure the Court has warned you about risks of representing yourself in Court but I figured I would share the same concern.

Answer Applies to: California
Replied: 11/16/2011

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Most likely. That is why it is not advisable to represent yourself in a criminal case.

Answer Applies to: California
Replied: 11/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.