Legal Question in Criminal Law in California

criminal question- date rape

Can the da try a case 3 times after

they have no case . She pursued

him and there is no proof of

any penetration only a tape

of him saying nothing happened

and not yelling at her at the

begining and telling her off?


Asked on 3/06/08, 7:09 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: criminal question- date rape

A case can be re-tried after a mistrial/hung jury, the decision is up to the prosecutor. That can happen more than once. Apparently, there was enough evidence to convince some of the jurors, otherwise there would be a 12-0 acquittal. Frequently, the DA will cut a 'deal' rather than retry, but they don't have to. If yours is a case they want to hammer on, they can. Feel free to contact me if interested in hiring counsel to re-try the case, again.

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Answered on 3/06/08, 7:47 pm


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