If a Case Is a Mistrial in Georgia Can You Be Tried Again
What Is A Mistrial—And Can I Be Tried Again For The Same Criminal offence?
The 6th Subpoena of the U.S. Constitution assures that every defendant facing criminal charges has the correct to a public trial (At Bond James Bond, we e'er recommend that defendants avert awaiting trial in jail ). But what happens when a jury is unable to reach a verdict in a criminal case? And do defendants in such cases always confront retrial? To answer these questions, permit'southward take a quick look at how the system works.
How Many Criminal Cases Accomplish Court?
In the U.South., nine of 10 criminal trials never fifty-fifty achieve the trial phase. This can happen for several possible reasons—the most mutual being that the defendant agrees to a plea deal rather than gamble receiving a harsher judgement at trial. Another reason a case might non make information technology to trial is that the prosecution's evaluation of the facts reveals bereft testify to pursue the case. Prosecutors will ofttimes movement to dismiss a weak case rather than lose in court. Too, new evidence (such every bit another person confessing to the criminal offence) can sometimes upshot in a prosecution beingness abandoned prior to trial.
Demote Trial vs. Jury Trial
If a case does get to trial, it may be decided by a judge lonely or past a jury operating under a judge's guidance. Trials presided over by a gauge lone are chosen "bench trials," while those decided past a jury are accordingly called "jury trials." Generally, jury trials are reserved for defendants whose offenses could result in significant jail fourth dimension (over half dozen months). For this reason, most misdemeanor cases do not receive jury trials, while the majority of felonies do.
What Is a Mistrial?
A mistrial occurs when a jury fails to attain a verdict on a case. Deadlocked (or "hung") juries are normally non declared until the empaneled jury has had a chance to review and debate the facts of a case thoroughly. And even when a jury announces that it is unable to arrive at a verdict, a estimate may instruct the jurors to continue their discussions in hopes that the minority view can be pushed toward consensus. Even so, about 6% of jury trials end in a mistrial, with jurors unable to agree on the accused's guilt or innocence.
What Happens after a Mistrial?
If a jury becomes hopelessly deadlocked over a instance and remains unable to achieve consensus, the guess may cull to declare a mistrial. After a mistrial has been declared, the prosecution must decide whether they intend to pursue the case, or drop it. Prosecutors may drop a case if they believe a 2nd trial will end in an acquittal or a second hung jury. If the prosecutor does decide to pursue the instance farther, he/she must say so before a judge so that a new trial date tin can be set and a 2d jury impanelled. Similarly, if the prosecution intends to drop the case, they must declare this besides, and so the defendant may be freed.
The "Double Jeopardy" Clause
The Fifth Subpoena of the U.S. Constitution provides that no accused should be "subject for the aforementioned offense to be twice put in jeopardy." This rule was put in place to prevent prosecutors from repeatedly leveling the same charge against an individual. So how exercise retrials go around the "double jeopardy" clause? In a sense, they don't. Since the outset case was never decided either in guilt or innocence, prosecutors may cull to pursue the instance until information technology reaches a conclusion. If that happens, and the defendant is acquitted, prosecutors may NOT bring the same charges against the accused again. And then, in essence, the aim of a retrial is to definitively conclude the original proceedings.
At Bond James Bail, we work with clients daily to help them navigate the often-disruptive legal system. If you or a loved 1 has been arrested and charged with a law-breaking, we can help. Our experienced bond agents tin aid secure pretrial release and can help ensure that defendants meet their scheduled court appearances. Don't miss out of piece of work and family unit obligations while awaiting trial. Contact Bond James Bond today!
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Source: https://bondjamesbondinc.com/bail-bonds/what-is-a-mistrial-and-can-i-be-tried-again-for-the-same-crime/
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