Joinder of offenses or defendants
Sec. 9. (a) Two (2) or more offenses may be joined in the same
indictment or information, with each offense stated in a separate
count, when the offenses:
(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) Two (2) or more defendants can be joined in the same
indictment or information when:
(1) each defendant is charged with each offense included;
(2) each of the defendants is charged as a conspirator or party
to the commission of the offense and some of the defendants are
also charged with one (1) or more offenses alleged to be in
furtherance of the conspiracy or common scheme or plan;
however, a party to the commission of an offense or conspirator
need not be designated as such in the indictment or information;
or
(3) conspiracy is not charged and not all of the defendants are
charged in each count, if it is alleged in the indictment or
information that the 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 (1)
charge from proof of the others.
As added by Acts 1981, P.L.298, SEC.3.
Last modified: May 24, 2006