Separate trial

Separate trial

Where several defendants are indicted for the same computer crime, counsel should consider seeking a separate trial for the clients by means of a motion for separate trial. Generally it is advisable to have the client tried separately because this allows the defense to exclude evidence that might be admissible against other defendants, and which might weaken the defendant's case. If, however, the defendant's involvement in the computer crime case is minimal compared to that of the other defendants, it may be useful to be tried at the same time as the other defendants. Then counsel may find himself or herself in the enviable position of arguing that all the evidence points to guilt, but not guilt of his or her client.