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Does defendant go back to jail after mistrial?
No, they go free as far as i know.
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 defendant declare mistrial if crime scene been contaminated?
no
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.
Does the defendant stay in jail after a mistrial or hung jury?
Maybe. If there is a hung jury, the prosecution must decide whether or not to have another trial. If they decline to re-try the case, the defendant would be released. If they decide to have another trial, the defendant would remain in custody to await the new trial, if he/she was in custody for the first trial. Often, after a mistrial, the defense will make a motion or renew a motion for bond or for reduction of bond.
A dependent will go free if a reasonable amount of this exist?
If a reasonable amount of doubt exists a defendant will go free.
What happens when a trial is declared a mistrial?
When a mistrial occurs from prosecutorial error, usually the defendant is retried. In cases where the prosecution deliberately provokes a mistrial because the trial isn't going well and the defendant is likely to be acquitted, the Court will not allow the prosecution to potentially benefit from its misconduct through a retrial. If this happens, the charges against the defendant are generally dismissed.
Can you be retried after a mistrial in Ohio?
Yes. A mistrial means that the first trial never took place so double jeopardy is not an issue. It is only when a judge dismisses a case with prejudice or one is found not guilty in a trial that the defendant cannot be retried for the same crime.
What will happen to Jodi Arias if there is a mistrial?
Arias was found guilty of first degree murder on May 8, 2013. In the event of a mistrial, the jury is dismissed. At that point the prosecution has the choice to re-file charges, which means the entire process begins again. Mistrial is, by no means, a not-guilty verdict, just that something went wrong in the judicial process. If the prosecutor feels the case is strong, most likely a new trial will be set. Although not common, there are instances of a single defendant having three or more trials due to a mistrial.
If someone is found guilty for assault then goes to an appeal and is found not guilty what are your options?
If you are the defendant: you go free.
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.
Can a defendant be release if the guilty person takes the blame?
If the defendant is not the person who committed the crime and someone else confesses to the crime, the defendant should be released. The only exception is if the police have evidence the person confessing is lying and that the defendant is the guilty party. It is the JOB of the police to bring the guilty to trial.The wrongly accused person, however, will only be released if the prosecutor drops the charges, the case is dismissed by the court, or the judge declares a mistrial.
