Legal Question in Criminal Law in Maryland

Re: Grounds for a mis-trial?

ABSOLUTELY WITH NO EXCEPTION. She may also be held for purjury and other civil charges to be determined at the discretion of the bench. An appeal or request for removal of the prior judge may be recommended.

What you appear to be confusing is a criminal charge with a civil case. If your father was charged with a DUI for which a trial did not issue within 3 years, then there is an entirely different matter.

A civil trial within 3 years of the matter is proper. However, if any jurist was prejudiced or biased and did not evince such before the judge, or the judge did not properly inquire as to this matter, the civil judgment is HIGHLY questionable where the facts exist as you claim. If such occurred as you state, this is an abomination of justice and should be set for re-trial. Your father's acceptance of any judgment may be to his detriment. Unfortunately, you cannot make the decision for your father. If he will, have him call me to discuss this matter free of charge.

G. Joseph Holthaus

(410) 799-9002