When two or more defendants are jointly charged with the same crimes against the same victims, are they required to stand separate trials?

California, United States of America


The following excerpt is from People v. Carpenter, F077357 (Cal. App. 2021):

Penal Code section 1098 provides in relevant part, "[w]hen two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order separate trials." "Section 1098 establishes a clear legislative preference for joint trials where ... multiple defendants are charged with the same crimes against the same victims." (People v. Gamache (2010) 48 Cal.4th 347, 381.)

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