Can you be retried for a crime after a mistrial is declared?

[Demoiselle]

Of course, I'm asking about the Florida case…..

[krawhitham]

1. Yes

[Cali_Democrat]

2. Yes

The state attorney said she will retry.

[hlthe2b]

3. Absolutely... Prosecutors don't always decide to do so, but it is their decision to make

[NuclearDem]

4. From what I understand, unless the prosecutor acted in bad faith to get a mistrial

The case can be retried.

[dsc]

5. If a trial ends with a hung jury

then yes, you can be retried sometimes decades later (as DeBeckwith found out). In other cases, the answer could be no. If a prosecutor causes a mistrial in order to gain more time then you can't be retried.

[Yo_Mama]

6. Yes, of course

It just means that the case wasn't decided. Double jeopardy is not invoked.

I'm sure that if his attorney can't work out a plea, he will be retried on the murder charge. His attorney might be able to get a plea for Murder 2.

[bravenak]

7. Yep!

It's the law.

[alp227]

8. yes see what happened with Rod Blagojevich

https://en.wikipedia.org/wiki/Rod_Blagojevich_corruption_charges

[Shrike47]

9. Yes, when it's due to a hung jury.

[arthritisR_US]

10. Yes.

They are going to so so with this case.

[TheDebbieDee]

11. Yes, bcuz it's a mistrial, not an acquittal...

Right?

[pnwmom]

12. Yes. Double jeopardy happens after there has been a verdict of innocent.

A mistrial means a trial has ended without a verdict; in this case, there was a hung jury.

[Demoiselle]

13. Thank you all.

[demwing]

14. Absolutely not.

Wait. I mean YES! "Yes" is my final answer.

Sorry, I've had a few, and am feeling silly.

[Warpy]

15. Yes, and if the DA figures a concurrent sentence is too light

you bet your ass he'll retry this joker to make sure he's off the street until he's so old he can't remember which end of a gun to point.

[DemocratSinceBirth]

16. It's more likely than not than the sentences will be consecutive./nt

[Laxman]

17. He Can, He Will Be....

and he will be convicted. Additionally, the re-trial will be after his sentencing on the other counts so he will be going on trial as a convicted felon. That will be used to impeach him when he takes the stand in the next trial.

My take is that there was disagreement in the jury room regarding the degree of the felony, not guilt or innocence. If I were on the jury, I'm not sure I would have compromised on 1st degree to a lesser charge merely to return a conviction. Other people may have reacted differently. That's the nature of juries. I've seen juries do a lot of seemingly crazy things.

He's going back on trial, his bullshit story and his status as a convicted felon will hang around his neck like a stone, and he will go down.

[kestrel91316]

18. Absolutely yes you can. The only time you cannot be retried is if you

are acquitted (found NOT guilty at trial).