08 21 MOTION FOR JOINDER OF OFFENSES

• Library: Arkansas Form Book - Complete (2023 Ed.)

08-21 MOTION FOR JOINDER OF OFFENSES

[CAPTION] MOTION FOR JOINDER OF OFFENSES

Defendant moves for joinder of offenses pursuant to Ark. R. Crim. P. 21.3, and [he/she] states as follows:

1. Defendant is charged with the offense of [first offense] in [first offense case number] and is also charged with the offense of [second offense] in [second offense case number].

2. Both offenses are within the jurisdiction and venue of this Court and are [based on the same conduct] [arise out of the same alleged criminal episode]. Crook v. State, 290 Ark. 163, 717 S.W.2d 803 (1986).

3. The prosecuting attorney has sufficient evidence to justify trying both of the offenses at the same time.

4. The ends of justice would be served by joinder of such offenses because it would allow Defendant to be charged with and tried for a related offense that should have been charged and then put [him/her] to trial on the new charge.

WHEREFORE, Defendant requests that the Court grant [his/her] motion for joinder of offenses.

[SIGNATURE BLOCK]

[CERTIFICATE OF SERVICE] NOTES

1. The State should charge a defendant with all possible charges it intends to prove in one charge. Omission of counts can lead to their dismissal later. Crook v. State, 290 Ark. 163, 717 S.W.2d 803 (1986).

2. Joinder is important because of the possibility of concurrent sentences. It also prevents giving the State two opportunities to try the accused for the same set of facts.

3. If that happens, the defendant could invoke collateral estoppel. Collateral estoppel in criminal cases is incorporated into the...