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When the State Joins Witness Tampering or FTA with the Original Offense

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by: Ryan • December 10, 2013 • no comments

I touch on this issue at the Benson conference. First, if there's one indictment that alleges both the original offense and either witness tampering or FTA, check to see if the appropriate joinder language is in the indictment. If not, demur. If it is there, or the state has issued two separate indictments and moved to join them, move to sever, relying on the analysis from this post from 2012.