Missouri Laws 545.140 – Two or more persons and offenses may be charged in same indictment, when — ..
1. Notwithstanding Missouri supreme court rule 24.06, 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. 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.
2. Notwithstanding Missouri supreme court rule 24.07, 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 infractions, or any combination thereof, 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.
Terms Used In Missouri Laws 545.140
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
3. Two or more defendants shall not be charged in the same indictment or information if substantial prejudice should result. For purposes of this section, “substantial prejudice” shall mean a bias or discrimination against one or more defendants or the state which is actually existing or real and not one which is merely imaginary, illusionary or nominal.
4. If two or more defendants are charged with being joint participants in a conspiracy charged under section 562.014, it shall be presumed that there is no substantial prejudice from them being charged in the same indictment or information or from them being tried together.