Can someone be retried for murder? 38 Answers as of July 19, 2011

I do not understand your question, what do you mean by retired

Someone can be retried for murder unless he was found not guilty of murdering a specific person by a jury or a court. If that happened then he cannot be retried again for the murder of the same person.

If the first trial ended in a mistrial, there can be another trial. If the defendant was convicted and he found out afterward that there was witness tampering, he could bring a motion for a new trial. If the defendant was found not guilty, they cannot try him again.

If the witness tampering can be proven, then the answer is Yes.

If the person that was tried or someone on his be half did the tampering then it could be rulled a miss-trial and retried.

after not guilty verdict, no

Once a jury finds a defendant not guilty, he cannot be retried because it constitutes "double Jeopardy".

Yes, if the verdict was the result of fraudulent or other wrongful act, the verdict can be determined to be void and the case retried.

What happened in the first trial? If there was a guilty verdict, a person could motion the court for a new trial based on the newly discovered evidence. If the person was found not guilty, jeopardy has attached and I don't believe there could be a retrial.

It is not clear what you mean. If the case was dismissed or suffered a mistrial, it can be retried under some circumstances; if it was an acquittal, it cannot. Not enough information in question to answer.

If you were acquitted you may not be retried. However, new charges may be brought against you for tampering with a witness.

In 1791, there was an amendment passed that states in relevant part:"...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." I would expect the witness tampering would be a new charge. Stay well.

It depends on the outcome of the first trial. If the person was acquitted then the anwer is no. But there are charges related to the witness tampering that can carry as much time.

It depends on what happened in the previous trial.

Maybe yes. It depends who tampered with the witness.

No. Its double jeopardy. They could get charged with tampering.

Yes, if a person is accused of tampering with a witness or a jury the court won't allow them to benefit from that...

If a new trial is granted based on misconduct, a person could be retried on the original charge s=with the first trial declared a mistrial.

Complex question: If there was a hung jury or a mistrial then the answer is most certainly yes. If the case went to trial and the person was found "guilty" then the defendant could motion for a new trial based upon newly discovered evidence that is material to the case. If the court found there to be good cause, then the guilty verdict could be set aside and the case retried. If the defendant was found "not guilty", and the witness tampering was committed by the defendant or someone on defendant's behalf, then the prosecutor could motion for a new trial.

It depends on why the first verdict was overturned. If it was overturned for witness tampering he can probably be retried.

If they were convicted for murder and there was witness tampering, then the defendant may be afforded an opportunity for a retrial if an appellate court decides that one is deserved. If a person has been acquitted of murder, they cannot be retried.

If you were acquitted, then you cannot be retried for the same crime twice as that would be double jeopardy. If there was witness intimidation, that is a separate crime and you and/or anyone on your behalf can be tried for that crime which is a felony.

Possibly if the trial court finds that the defendant was prejudiced. The issue would have to be taken up by the Court of Appeals. What you need is a good criminal appellate lawyer.

Double jeopardy bars a retrial. The witness tampering may raise other charges.

Yes, after a hung jury, without a verdict. After conviction, those kind of claims are what an appeal or a motion for new trial is for, if timely made. If the appeal results in an order for a new trial, then yes. If it is FOUND that there was witness tampering means that it is PROVEN through credible admissible evidence, not just believed or speculated by you.

As long as there was never a verdict, a case can be retried (100 times if necessary).

If a mistrial was declared by the court, a person can be retried for the offense

Yes, generally, unless the appellate court finds that double jeopardy precludes the state from re-trying the defendant.