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What else can I help you with?
Can someone be retried for murder in the state of Texas after a mistrial was declared?
Yes, a mistrial does not mean he was found not guilty.
Can jury find defendant innocent?
A hope and a prayer! Just kidding. All it takes is that the prosecution does not convince ALL 12 jurors that you are guilty of the crime (beyond a reasonable doubt). If just 1 of the jurors is not convinced that you are guilty then there is a mistrial. Doubtful that the state will retry you - too expensive, unless they really want you bad.
In a grand jury proceeding does the prosecutor need to present all of the evidence the state has at this proceeding?
During a Grand Jury proceeding, the prosecutor isn't required to present all evidence in his possession. He needs to present enough to convince the jurors that there is enough evidence for an indictment.
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.
What is state prosecutor?
A state prosecutor represents the people of that state in criminal prosecutions and associated matters.
How many jurors are there in a crimanal case?
It depends on the laws of your state.
Why are their only a 6 person jury?
State law calls for only 6 jurors and 1 alternate for all criminal cases except capital cases. the US Supreme Court held in Williams vs Florida that 6 jurors are sufficient under the 6th Amendment. Interestingly, an eminent domain case gets 12 jurors. If the state is going to take your house and pay you for it you get 12 jurors; if you're facing life in prison 6 will do.
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.
What happens if a jury cannot agree on a guilty finding?
In the case of a jury than cannot reach a verdict, they notify the judge - the judge will probably re-instruct them in the law and order them back to deliberation. If they still cannot reach a verdict and are hopelessly deadlocked, the judge may declare a MISTRIAL and dismiss the jury. The case will be given a new court date and be re-tried.
Who is the chief prosecutor for the state?
Attorney General
How many jurors serve on misdemeanor juries?
Six jurors will be selected to sit on a misdemeanor jury panel.
Are jurors in your city state paid anything for their services?
Jurors get paid about five dollars. But if the trial is long jurors get a hotel room and all charges are paid by the state, so if you are on a long trial you may have a good time in the hotel but if it's a short trial expect a five dollar check in the mail.
