Expert: Robin Sexton - 9/11/2009

Question
QUESTION: how long does the DA have to drop the charges, on the defendant, after a retrial. i hope it is soon, so i can get back to life.        thank you

ANSWER: Judy,

I am not real clear on your question.  I am assuming that you were put on trial for something.  There are three possible outcomes, guilty, not guilty and a hung jury ( no decision).  In regards to guilty and not guilty that is the end, double jeopardy precludes any further action by the prosecution.  Hung jury is a different matter.  The prosecutor can recharge and retry.  Each state will have differing rules or court procedures governing what the prosecutions time limit is.  Your attorney should be able to answer that question fairly quickly.  One other aspect, the court can declare a mistrial.  The court then has the option of making a decision as to the question of legal prejudice.  The court can then decide if the case is dismissed with or with out prejudice.   With prejudice the case is done and the prosecution can not recharge.  With out prejudice the prosecution can recharge.   All these questions should have been explained to you by your attorney.

If you need further please re-post

good luck

robin

---------- FOLLOW-UP ----------

QUESTION: sorry for the confusion. what i hear from my lawyer is, off the record, the charges will be drooped, the trail was a hung jury twice,this was the month of July.  however, nothing has been done to drop the  charges. my   question is, how long do i have to wait for this to happen?   my next court date is the week of Oct 5,09. thank you for your time.

Answer
Judy,

Your attorney is the best source for this question as he is familiar with your states court rules and procedures, i still don't know what state you are in.  It is extremely rare for a prosecutor to attempt a third trial.

Sorry i could not be more helpful

robin