The Rule in Kellett

The Rule in Kellett[1]

RC Phillips,
DDA (Ret)
Sept. 2018

Kellett is a California Supreme Court case that holds that if a defendant commits a crime that can be charged in different ways, the prosecution must file all the charges together in the initial complaint.   If the prosecution fails to follow this rule and charges interrelated crimes in separate prosecutions, the subsequent charges will very likely be dismissed.

“When ... the prosecution is or should be aware of more than one offense in which the same act or course of conduct plays a significant part, all such offenses must be prosecuted in a single proceeding unless joinder is prohibited … .  Failure to unite all such offenses will result in a bar to subsequent prosecution of any offense omitted if the initial proceedings culminate in either acquittal or conviction and sentence.”  (Kellett v. Superior Court (1966) 63 Cal.2d 822.)

A common example of a Kellett problem comes up in drunk driving cases.  The defendant is arrested for ....