Legal Question in Criminal Law in Florida
if a defendant is a reoffender with codefendants is it mandatory that their codefendants be tried in a reoffender court room as well?
Asked on 1/02/10, 12:09 am
1 Answer from Attorneys
Craig Epifanio
Craig Epifanio, P.A.
The great thing about the American justice system is that there is no guilt by association. We are tried and sentenced as individuals. So, no there is no requirement that codefendants be heard in the same court room. The major EXCEPTION is if the codefendants go to trial then there MIGHT be a requirement that the codefendants be tried together. It depends on the specific facts and circumstances because case law on this says that it depends on the circumstances, such as the prosecutor's discretion, prejudice, etc.
Answered on 1/07/10, 7:42 am
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