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Can a mistrial be filed if the defendant was inadequately defeneded at the original trial?
Actually, it wouldn't be called a "MISTRIAL" but you could appeal your trial to your state court of appeals on the basis that you suffered from an INADEQUATE DEFENSE by your counsel. If the court of appeals accepted your petition, after studying your trial, they MIGHT agree and send your case back to circuit court for a re-trial.
What else can I help you with?
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 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.
What city was the original capital of Canada?
It is, and has always been, Ottawa, Ontario. you therefore are truly inadequately educated because the original capital of canada is kingston
What is the difference between a mistrial and a request for a new trial?
A mistrial occurs before the end of the trial, usually caused by improper responses from a witness, improper questions from an attorney or some statement or action in the presence of the jury that prejudices the jury. A mistrial also occurs if the jury is unable to reach a verdict. If a judge declares a mistrial then the trial is finished. A new trial with a new jury usually follows at a later date. A motion for a new trial may be filed by a defense attorney after a defendant has been found guilty at the completion of the original trial. The motion for a new trial is usually based on a defense attorney's perception of an error committed by the judge in the original trial.
What is asked when a defendant cannot receive an impartial trial in original location?
A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.
What is asked when a defendant cannot receive an impartial trial in the original location?
A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.
This is asked for when a defendant cannot recieive an impartial trial in the original location?
A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.
Can you ask for a change of venue after one mistrial has occurred?
Yes, it is possible to ask for a change of venue after a mistrial has occurred, especially if there are concerns about bias or prejudgment in the original location. The decision to grant a change of venue would ultimately depend on the circumstances of the case and the reasoning provided by the requesting party.
This is asked for when a defendant cannot receive an impartial trial in the original location?
Change of Venus
Can you be tried for the same crime twice?
Article VI of the Bill of Rights of the U.S Constitution states : "..nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb..". So basically the answer is no. The rule is called "double jeopardy".
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.
Does a party who serves discovery REQUESTS keep the original?
A motion for discovery is made to the court. The copies of which are served to the other party and the court. The original can be given to the court or kept by the defendant.
