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Does Double Jeopardy attach in a Florida Criminal case when a Judge declares a mistrial because of a note that the jury was deadlocked the jury deliberated one hour?
Bocabroker
No. Double jeapordy does not apply just because a mis-trial is declared. It simply means that the entire case must be re-tried. If the jury had come back with a verdict of not guilty - and the judge ordered you re-tried again on the same charge -THAT would be double jeapordy.
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∙ 14y ago
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If a judge declares a mistrial due to his action terminate double jeopardy?
If the judge declares a mis-trial (for whatever reason) it does NOT consititute double jeapordy to re-try you on the same charge.
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