Legal Question in Criminal Law in Texas

criminal trial procedure

How long does the State have to decide whether or not to retry a case that ended with a hung jury? Jury was 8 not guilty 4 guilty.


Asked on 7/21/08, 3:57 pm

1 Answer from Attorneys

ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: criminal trial procedure

Hello there,

That is an excellent question because the statute of limitations is still being tolled.

One should raise the argument they are barred due the passage of time, inability to locate witness, etc., and being deprived ones constitutional right to a speedy trial.

I'm certain I could locate case law on this matter but this is my shooting from the hip response to the answer.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 7/21/08, 9:02 pm


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