When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, must they be tried jointly?

California, United States of America


The following excerpt is from People v. Castaneda, B287541 (Cal. App. 2020):

"When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order[s] separate trials." ( 1098.) There is "a statutory preference for joint trials of jointly charged defendants." (People v. Masters (2016) 62 Cal.4th 1019, 1048.) But the trial court may order separate trials when one defendant might be unduly prejudiced by association with a codefendant, or when conflicting defenses might be presented. (People v. Massie (1967) 66 Cal.2d 899, 916-917.)

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