Legal Question in Criminal Law in California

What will happen to a defendant after the thrid trail in a federal courthouse and not found guilty??


Asked on 4/30/10, 4:41 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

It sounds like you are saying that three trials have taken place and each trial has resulted in either a "hung jury" (meaning the could not make a decision under the law and probably could get the required number of votes for a guilty verdict) or a miss-trial has occurred. If that is the situation, it really depends of the Federal Prosecutor. They can continue pursuing the matter if they decide too, or if their boss tells them to keep going. They can also drop it. Generally, this is the time to negotiate with the other side. However, it is impossible to determine what the prosecutor will do. Each district office has it's own procedures and each prosecutor handles these situations differently. Any answer in this situation would simply be a guess. There are so many factors that go into this type of decision such as the crime, the defendant, the past history of the defendant and if the outcome has been the result of the same issue or piece of evidence in each trial.

Good luck.

Brian McGinity

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Answered on 5/05/10, 5:17 pm


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