Art. 704 Severance

When two or more people are charged together in the same criminal case, they normally have to go to trial together. This is the default rule, and it stays in place unless something changes it.

There are two ways a separate trial can happen. First, the prosecutor can simply choose to try the defendants separately. This decision is up to the state, and no court approval is needed. Second, a defendant can ask the court for a separate trial. If a defendant makes this request, the court has to hold a hearing where both the defendant and the prosecutor can argue their side. The judge will only grant a separate trial if he or she believes it is truly necessary for a fair outcome.

In short, joint trials are the standard practice, but the law allows exceptions when the prosecutor decides to split the cases or when a judge agrees that a separate trial is needed to protect a defendant's rights.