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Does the state prosecutor have to get new jurors after a mistrial has been declared?
If a mistrial has been declared, a new jury is seated if the prosecutor brings the case again.
Can a lawyer force a defendant to declare a mistrial?
Defendant's do not declare Mistrial. A mistrial is when there is a error in the court proceedings and therefor must start over with a new juror, etc. Judges declare Mistrials.
Can you be retried after a mistrial?
Yes. Until you have been found guilty or not guilty, or the judge or attorney decides not to go any further with the case and drops it, you can be continuously retried. However, if your case goes outside the jurisdictions of the "speedy trial" laws of your state, you and your lawyer can petition the court on your behalf to drop it.
What happens if prosecuter presents false evidence in a jury in trial?
If a prosecutor discovers during the course of a trial, or if it is noticed by the defendant's attorney that false or misleading evidence has been presented, then the judge and the jury will be so informed to disregard the evidence. Generally speaking, a prosecutor nor a defense attorney will knowingly present false evidence. Depending on the circumstances a judge may call a mistrial, and an entire new trial will take place at a future date. If the prosecutor's case is heavily based on false evidence, then there's a chance that there will be no new trial and the defendant is free of all charges.In situations where the trial is over, and the fact that false evidence was submitted that convicts the defendant, then an appeals court will overturn the verdict. If the defense had presented false evidence that caused a not guilty verdict to be rendered, then that attorney is subject to fines or criminal charges. Whether a defendant can be tried again is doubtful. Depending on the circumstances, new charges might cause a new trial for the former defendant.
What is a present evidence?
Presumably, it is in reference to the evidence that will be, or was, presented in support of the prosecution.
If someone pleads guilty does evidence still need to be presented?
No. Evidence is only presented if the prosecutor and defender need to argue the case. The evidence is only used to prove guilt or innocence.
In a mistrial is the same judge used?
No! Because in a mistrial, the defendant has been let go on extenuating evidence, and the trial will be heard at a later time with a new judge and new jury. If it even gets that far. In many mistrials the defendant goes free and the prosecution does have enough evidence to bring the defendant to another trial.---------------------ANOTHER VIEW: The above answer contains erroneous comments. The defendant in a mis-trial rarely goes free without being re-tried! If the case is assigned to that judge's docket he will retain control over it. There can be many reasons for a mistrial and most of them have nothing whatsoever to do with the judge or his actions. If neither the prosecution nor the defense files a motion for a new judge, or a change of venue, the odds are overhwelming that the same judge will re-hear the case.
A sentence with the word exonerate?
The new evidence presented in court helped to exonerate the wrongly accused suspect.
What is a trial exhibit?
It is a piece of physical evidence presented at trial.
How do you present an object evidence into court?
it is presented to a judge or a judicL .
How are a mistrial and a new trial alike?
Both involve a legal proceeding being stopped and restarted. A mistrial occurs when the original trial is terminated due to a serious error or issue, while a new trial is scheduled to start fresh after the first trial's outcome is overturned. In both cases, the aim is to ensure a fair legal process and outcome for all parties involved.
What form do you use to file a mistrial brief in California?
The form that is used in the state of California to file for a mistrial brief is the manifest necessity. The most common cause for a mistrial is a hung jury.
