Federal Criminal Defense in Miami
Available 24/7 305.340.2006

Motion to Sever Counts

The purpose of motion to sever is to argue that the counts of an indictment should be separated from each other and tried separately. For example, the mere fact that the events giving rise to one count in the indictment that is of the same of similar character to a conspiracy charged in the indictment, but that falls outside of the dates when the conspiracy was allegedly occurring, does not necessarily mean the individual charge and the conspiracy are related.

The government cannot "tack the two subjections of [Federal Rule of Criminal Procedure 8] together and in one indictment charge different persons with committed offenses of 'similar character.'" See United States v. Velasquez, 772 F.2d 1348, 1352 (7 th Cir.1985).