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What else can I help you with?
Is the same jury used in a retrial?
No, the same jury is not used in a retrial. When a case is retried, a new jury is typically selected to hear the evidence and reach a verdict. This ensures that the new jury has no prior exposure to the case and can make an impartial decision based on the evidence presented during the retrial.
Can you use the same evidence in a mistrial as in the original trial?
No, in a mistrial, the evidence from the original trial cannot be used again. The case must be retried with new evidence and a new jury.
Is it legal for a judge to refuse evidence in traffic court?
A judge has final say on what is or is not admissable in their court. The only recourse if the evidence was refused is to file for an appeal and have the appeals court see if his/her refusal of the evidence was justified. If they find in favor of the judge, you're out of luck. If on the other hand the appeals court decides the evidence should be admissable, the case will most likely be retried with the new evidence presented.
Can new evidence be presented after a mistrial?
Yes, new evidence can be presented after a mistrial, especially if a retrial is ordered. In a retrial, both parties have the opportunity to introduce new evidence that may not have been available during the initial trial. However, the admissibility of this evidence will still be subject to the rules of evidence and the discretion of the judge. Additionally, the nature of the mistrial may influence what evidence can be introduced.
What do appellate courts consider when reviewing a case?
Appellate courts consider legal arguments, evidence presented in the trial court, and whether the trial court made any errors in applying the law. They do not typically re-examine the facts of the case or hear new evidence.
Can you be retried if you are acquitted?
Yes, in some cases, a person can be retried if they are acquitted, but only under certain circumstances such as new evidence coming to light or a mistrial being declared. Double jeopardy laws prevent individuals from being tried for the same crime twice in most situations.
How do you use the word undermined in a sentence?
(undermine : to weaken the basis of a prerogative or concept) "The actions of the city council undermined the mayor's authority." "The presentation of new evidence undermined the case presented by the defense."
Does double jeopardy apply if new evidence is found in a criminal case?
No, double jeopardy does not apply if new evidence is found in a criminal case. Double jeopardy protects individuals from being tried for the same crime twice based on the same evidence, but new evidence can lead to a new trial.
What happens when a judge dies before ruling on the case?
When a judge dies before ruling on a case, the proceedings typically pause, and the case may be reassigned to another judge. The new judge may review the case record to understand the arguments and evidence presented before making a ruling. If necessary, parties may be allowed to present additional arguments or evidence. The specific procedures can vary based on jurisdiction and court rules.
Can you be arrested on new charges after the case is closed by arrest?
Yes, it is possible to be arrested on new charges after a previous case is closed. If new evidence or information comes to light, or if new crimes are committed, law enforcement can arrest an individual on new charges at any time.
Can evidence be submitted after case has been tried?
Not to the original case - THAT case is over and done with. However, you may file a motion to RE-OPEN the case, or you can file an appeal to the case based on the discovery of new evidence.
How can the defense attorney effectively introduce new evidence during the trial to support their case?
The defense attorney can effectively introduce new evidence during the trial by following the rules of evidence, seeking permission from the judge, and presenting the evidence in a clear and convincing manner to support their case.
