The prosecuting attorney. They may be called a District Attorney or the Commonwealth's Attorney.
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.
If a mistrial has been declared, a new jury is seated if the prosecutor brings the case again.
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...
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.
No, in a mistrial, the evidence from the original trial cannot be used again. The case must be retried with new evidence and a new jury.
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.
Sure if he decides to.
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.
If a court decides not to review a case then it actually upholds the decision of the lower court.
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.
If a case is dropped, no! The person is free to go!
senate