Legal Question in Criminal Law in Georgia

Mistrial & Dismissal of charges

When a case goes to court and a mistrail is declared should or can a motion for dismissal of charges be made at that time by the representing attorneys ? If a mistrial is declared with a 7 to 5 hung jury what are the chances of that case being retried ? And if it is retried what differences could occur that would change a jury ie new statments or evidence etc.? If the State is required to use only the statements of the witnesses used in the first trial how can the State expect a change ?


Asked on 12/04/99, 1:01 pm

1 Answer from Attorneys
Michael Flinn Law Offices of T. Michael Flinn

Re: Mistrial & Dismissal of charges

You have some very good questions. You should ask these of the lawyer from the first case. if the jury was hung and that is reason for the mistrial the state can and most likely will retry the case. they can use the same evidence or any new evidence since then including testimony from the first trial they can even have witnesses perfect there recollection to remove problems with their case the first time.

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Answered on 12/06/99, 3:16 pm


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