Code of the District of Columbia

Subchapter II. Joinder.


§ 23–311. Joinder of offenses and of defendants.

(a) Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

(b) Two or more offenses may be charged in the same indictment or information as provided in subsection (a) even though one or more is in violation of the laws of the United States and another is in violation of the laws applicable exclusively to the District of Columbia and may be prosecuted as provided in section 11-502(3).

(c) Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.


(July 29, 1970, 84 Stat. 611, Pub. L. 91-358, title II, § 210(a).)

Prior Codifications

1981 Ed., § 23-311.

1973 Ed., § 23-311.

Cross References

Aggregation of theft, fraud, and credit card fraud offenses, see § 22-3202.


§ 23–312. Joinder of indictments or informations for trial.

The court may order two or more indictments or informations, or both, to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution were under such single indictment or information.


(July 29, 1970, 84 Stat. 611, Pub. L. 91-358, title II, § 210(a).)

Prior Codifications

1981 Ed., § 23-312.

1973 Ed., § 23-312.


§ 23–313. Relief from prejudicial joinder.

If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants, or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance the court may order the attorney for the government to deliver to the court for inspection in camera any statements or confessions made by the defendants which the government intends to introduce in evidence at the trial.


(July 29, 1970, 84 Stat. 611, Pub. L. 91-358, title II, § 210(a).)

Prior Codifications

1981 Ed., § 23-313.

1973 Ed., § 23-313.


§ 23–314. Joinder of inconsistent offenses concerning the same property. [Repealed]

Repealed.


(Dec. 1, 1982, D.C. Law 4-164, § 602(a), 29 DCR 3976.)

Prior Codifications

1981 Ed., § 23-314.