Rule 8 – Joinder of Offenses and Defendants

May 14, 2021 | Criminal Procedure, Vermont

(a) Joinder of Offenses. Two or more offenses may be joined in one information or indictment, with each offense stated in a separate count, when the offenses, whether felonies or misdemeanors or both,

(1) are of the same or similar character, even if not part of a single scheme or plan; or
(2) are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan.
(b) Joinder of Defendants. Two or more defendants may be joined in the same information or indictment:

(1) when each of the defendants is charged with accountability for each offense included;
(2) when each of the defendants is charged with conspiracy and some of the defendants are also charged with one or more offenses alleged to be in furtherance of the conspiracy; or
(3) when, even if conspiracy is not charged and all of the defendants are not charged in each count, it is alleged that the several offenses charged

(A) were part of a common scheme or plan; or
(B) were so closely connected in respect to time, place, and occasion that it would be difficult to separate proof of one charge from proof of others.

Vt. R. Crim. P. 8