Legal Question in Criminal Law in Florida

I have an ongoing criminal case 17 months now its going to trial. The states attorney left for private law, 9 months into the case. He was replaced by a new states attorney. The new states attorney has been working in it for 8 months now. My question is, I was a wittiness to a vehicle break in 2 months into my case. When i was summoned to appear before the state to give my statements of the vehicle break in. We also talked about my other case that was only 2 months old at the time. 7 months later that same attorney was the states new replacement attorney and he never acknowledged to the court we had previous contact and discussed the case before he became the states prosecutor. is that grounds for a mistrial?


Asked on 4/29/13, 6:51 pm

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

It isn't necessarily grounds for a mistrial. A mistrial is when the trial has actually commenced and an error has occurred. In such an event, the case wouldn't go away, rather there would simply be a new trial. From your question, it sounds like there isn't an actual trial that has commenced.

If anything, it could be grounds to have the prosecutor recused from the case and assigned to a new prosecutor. The problem you have is that this prosecutor has now been assigned to your case for 8 months now and you haven't raised it as an issue before.

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Answered on 4/29/13, 7:08 pm


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