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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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After a conviction on one count and a mistrial due to a hung

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After a conviction on one count and a mistrial due to a hung jury
On five other counts. the government refilled the five dismissed counts, later. The court granted the pro se motion to dismiss the refilled five counts, (without. Prejudice) then sentenced the defendant on the convicted count. Now over one year has past, the circuit court reversed the one count of conviction. Can the government now refile the five dismissed counts, as result of the reversal.? Is there statute to refile after STA violation? Dismissed counts. USC 2251 and 1591. Reversed count 1512 (b) (2) (B).
Submitted: 2 months ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 2 months ago.

Thank you for using JustAnswer.

These are crimes that carry no statutes of limitation on them. That is, prosecution can be commenced at any time following the date of the alleged crime. It can be 1 year after, or 30 years after.

This is a reprosecution following mistrial situation. Mistrials are generally not covered by the double jeopardy clause. If a judge dismisses the case or concludes the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried. Furthermore, if a jury cannot reach a verdict, the judge may declare a mistrial and order a retrial as was addressed in United States v. Josef Perez, 22 U.S. 579 (1824). When the defendant moves for a mistrial, there is no bar to retrial, even if the prosecutor or judge caused the error that forms the basis of the motion.

And there's no "time limit" on seeking a new trial, except the underlying statute of limitation. That is, if the case is dismissed without prejudice following a mistrial, but the statute of limitations has run before filing a new case, then that would preclude that second case from moving forward. But as there is no statute of limitations in the current crimes implicated, they could still refile.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 2 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 2 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions). Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 2 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

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Expert:  ScottyMacEsq replied 1 month ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 month ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

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