Legal Question in Criminal Law in New York
Can the court of law charge someone new for a crime that was previously brought in front of a judge, If the first person was found not guilty due to lack of evidence?
3 Answers from Attorneys
Your question is unclear. You ask about "the first person" being found not guilty, which may mean that the second charge is against a different person. If that's what you're asking, then the answer is yes. One person's acquittal does not bar the prosecution of another person for the same crime.
An acquittal would bar a second prosecution of *the same* person for the same crime, but only if the charges came from the same government. An acquittal in state court of would not bar subsequent prosecution in federal court, and vice versa. (It is possible for a single action to violate both state and federal criminal laws.) The same is true of tribal courts.
Finally, let me note that charges are filed by prosecutors, not by courts.
It is possible if there is an acquittal in a state court, the feds can re-charge on certain crimes. I need more information.
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