Bodiford Law Note: In cases where there are multiple charges, this rule pops into effect. Similarly, it goes into effect when there are co-defendants. The trick is that the offenses, or the co-defendants, have to be connected – based on the same act, or where two or more acts are somehow connected.
Rule 3.150. Joinder of Offenses and Defendants
(a) Joinder of Offenses. Two or more offenses that are triable in the same court may be charged in the same indictment or information in a separate count for each offense, when the offenses, whether felonies or misdemeanors, or both, are based on the same act or transaction or on 2 or more connected acts or transactions.
(b) Joinder of Defendants. Two or more defendants may be charged in the same indictment or information on which they are to be tried when:
(1) each defendant is charged with accountability for each offense charged;
(2) each defendant is charged with conspiracy and some of the defendants are also charged with 1 or more offenses alleged to have been committed in furtherance of the conspiracy; or
(3) even if conspiracy is not charged and all defendants are not charged in each count, it is alleged that the several offenses charged were part of a common scheme or plan.
Such defendants may be charged in 1 or more counts together or separately, and all of the defendants need not be charged in each count.
(c) Joint Representation. When 2 or more defendants have been jointly charged under rule 3.150(b) or have been joined for trial and are represented by the same attorney or by attorneys who are associated in the practice of law, the court shall, as soon as practicable, inquire into such joint representation and shall personally advise each defendant of the right to effective assistance of counsel, including separate representation. The court shall take such measures as are necessary to protect each defendant’s right to counsel.