How is a motion for severance used in Georgia criminal defense?
A motion for severance in Georgia asks a court to separate charges or defendants that would otherwise be tried together, and it is used where a joint trial could prejudice a defendant. The motion addresses how a case is structured for trial rather than the underlying charges themselves.
Severance can apply to charges. Where multiple charges are joined, a defendant may seek to have them tried separately if trying them together would be unfairly prejudicial, such as where evidence relevant to one charge could improperly influence the jury on another. The potential for prejudice is central to this analysis.
Severance can also apply to defendants. Where multiple defendants are charged together, a defendant may seek a separate trial if a joint trial would prejudice their defense, such as where the defenses are antagonistic or where evidence admissible against one defendant could unfairly affect another. The relationship among defendants and their defenses is relevant.
The court weighs prejudice against efficiency. Joint trials serve interests of efficiency, so a court considering severance generally weighs the risk of prejudice to the defendant against those interests. Whether prejudice outweighs the benefits of a joint trial guides the decision.
A motion for severance is used to prevent the prejudice that can arise from trying charges or defendants together. The nature of the potential prejudice, the relationship among the charges or defendants, and the balance against efficiency determine how such a motion is approached.