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The prosecuting attorney. They may be called a District Attorney or the Commonwealth's Attorney.

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7y ago
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1y ago

The decision to drop a case after a mistrial is typically made by the prosecuting attorney or the prosecution team. They may consider factors such as the strength of the evidence, the potential for a successful retrial, and the interests of justice. However, the final decision may also involve discussions with the presiding judge and consultation with the defendant's attorney.

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Q: Who decides if the case is dropped or not after a mistrial?
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Related questions

Can you be retried after a mistrial?

Yes. Until you have been found guilty or not guilty, or the judge or attorney decides not to go any further with the case and drops it, you can be continuously retried. However, if your case goes outside the jurisdictions of the "speedy trial" laws of your state, you and your lawyer can petition the court on your behalf to drop it.


Does the state prosecutor have to get new jurors after a mistrial has been declared?

If a mistrial has been declared, a new jury is seated if the prosecutor brings the case again.


What happens in the case of a hung jury?

A hung jury means a mistrial. If a mistrial is declared, the case is tried again unless the parties settle the case or a plea...


Who gets paid if a case is dropped on Judge Judy?

When Judge Judy decides there's no case from either party's claim/dispute, she will drop the case (occasionally with no prejudice) and no one--plaintiff and defendant--is paid.


What is considered a dropped case?

If a case is "Nolle Prosequied" by a prosecutor, that is considered a "dropped" case. A dropped case is different from a dismissed case. Only a judge can 'Dismiss" a case.


Can an eviction notice for violence be dropped by management?

Sure if he decides to.


What happens to the defendent in a mistrail?

In a mistrial, the case is declared invalid and does not result in a conviction or acquittal for the defendant. The defendant may face a new trial if the mistrial was declared due to procedural errors or jury misconduct.


What does motion for mistrial mean?

A motion for a mistrial is a declaration of the trial court to terminate the trial and to start over with a new jury since considering to avoid great injustice. E.G. If a juror were caught fraternizing with one of the lawyers in the case.


Why is it important if the court decides not to see a case?

If a court decides not to review a case then it actually upholds the decision of the lower court.


Can you serve time for a case that's been dropped?

If a case is dropped, no! The person is free to go!


Decides the case in impeachment?

senate


Can you file chapter 13 after being dropped?

IF by dropped you mean the case was dismissed, the answer depends on when and why the case was dismissed.