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What else can I help you with?
Who decides if the case is dropped or not after a mistrial?
The decision to drop a case after a mistrial is typically made by the prosecuting attorney or the prosecution team. They may consider factors such as the strength of the evidence, the potential for a successful retrial, and the interests of justice. However, the final decision may also involve discussions with the presiding judge and consultation with the defendant's attorney.
How and when can a defendant ask for a mistrial?
This is a question on which entire textbooks have been written, and which cannot begin to possibly be fully addressed on this venue. Suggest that you contact an attorney (your attorney?) for advice on your specific situation.
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 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.
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 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.
What is the next step for the federal prosecutor when the judge declares a mistrial due to hung jury?
If the US Attorney wishes to continue to prosecute the case, they will re-file the case and prepare it for a new trial.
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 are the differences between an acquittal and a hung jury in a criminal trial?
An acquittal in a criminal trial means the defendant is found not guilty and cannot be retried for the same crime. A hung jury occurs when the jury cannot reach a unanimous decision, leading to a mistrial and the possibility of a retrial.
When a criminal trial jury is unable to reach unanimous verdict what declaration will the trial judge issue?
If the jury cannot reach a verdict, the judge may find them to be a hung jury and declare a mistrial.
What if there is a mistrial in the Casey Anthony trial?
There was no mistrial. The trial of Casey Anthony was completed and the jury delivered their verdict on July 5, 2011.
If your attorney and the judge for your case are co defendants in an unrelated separate trial is this a conflict of interest?
If a judge and a lawyer are under trial, they shouldn't be practising. You can probably apply for a mistrial or something, under conflict of interest or incompetency.
