To: peggybac
Dismissal for mistrial
with prejudice prevents another trial. Dropping the charges does not preclude filing new charges later - the decision to "drop" is a prosecutorial decision, as opposed to one by the court.
Clear prosecutorial malfeasance like withholding evidence (that they then try to get admitted after they and the defense have both rested) needs dismissal with prejudice.
26 posted on
11/17/2021 3:55:25 AM PST by
MortMan
(You better bring yours, when you come to take mine. - Creed Fisher)
To: MortMan
Thank you! It’s quite obvious I didn’t know what I was talking about. I just assumed, which is never a good thing. What are your thoughts on the verdict to this trial?
31 posted on
11/17/2021 7:41:25 AM PST by
peggybac
(My will is what I wanted. God's will is what I got.)
To: MortMan
A prosecutor cannot drop charges after a jury is empaneled. At that point double jeopardy attaches and save a mistrial he cannot bring charges again.
33 posted on
11/17/2021 7:55:53 AM PST by
CraigEsq
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