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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 else can I help you with?
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.
Can you use the same evidence in a retrial after a mistrial has been declared?
Yes, in a retrial after a mistrial has been declared, the same evidence can typically be used again. However, it is important to note that the circumstances of the mistrial and any legal rulings may impact the admissibility of evidence in the retrial.
Can you be retried with new evidence presented in a case?
Yes, a person can be retried with new evidence presented in a case, as long as the new evidence was not available during the original trial and could potentially change the outcome.
Is it possible for double jeopardy to be overturned?
Yes, double jeopardy can be overturned in certain circumstances, such as new evidence coming to light or a mistrial being declared.
What impact can a rogue juror have on the outcome of a trial?
A rogue juror can have a significant impact on the outcome of a trial by causing a mistrial or influencing other jurors to make a decision that may not align with the evidence presented in court. This can result in a verdict that is not fair or just.
Does the state prosecutor have to get new jurors after a mistrial has been declared?
If a mistrial has been declared, a new jury is seated if the prosecutor brings the case again.
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 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.
What happens if prosecuter presents false evidence in a jury in trial?
If a prosecutor discovers during the course of a trial, or if it is noticed by the defendant's attorney that false or misleading evidence has been presented, then the judge and the jury will be so informed to disregard the evidence. Generally speaking, a prosecutor nor a defense attorney will knowingly present false evidence. Depending on the circumstances a judge may call a mistrial, and an entire new trial will take place at a future date. If the prosecutor's case is heavily based on false evidence, then there's a chance that there will be no new trial and the defendant is free of all charges.In situations where the trial is over, and the fact that false evidence was submitted that convicts the defendant, then an appeals court will overturn the verdict. If the defense had presented false evidence that caused a not guilty verdict to be rendered, then that attorney is subject to fines or criminal charges. Whether a defendant can be tried again is doubtful. Depending on the circumstances, new charges might cause a new trial for the former defendant.
What are the different types of evidence that can be presented in court?
In court, different types of evidence that can be presented include physical evidence (such as documents, objects, or DNA), testimonial evidence (statements made by witnesses or experts), and circumstantial evidence (indirect evidence that implies a fact).
What is a present evidence?
Presumably, it is in reference to the evidence that will be, or was, presented in support of the prosecution.
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.
