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

Can someone be retried for murder if it is found that there was witness tampering?

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Jonathan S. Willett Attorney at Law
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
A person can usually be retried for murder if a mistrial was declared during the trial. If the defendant was convicted and wins his appeal, he can be re-tried. If the defendant was acquitted, he cannot be re-tried under the Double Jeopardy clause of the Constitution.
Answer Applies to: Colorado
Replied: 7/19/2011
Attorney at Law
Attorney at Law | Steven C. Bullock
Double jeopardy would typically apply to any issue on a retrial, particularly if the defendant was tried and found "not guilty". As to the witness tampering, criminal charges could be brought on that issue.
Answer Applies to: Michigan
Replied: 7/16/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
We are criminal defense lawyers in Augusta, Georgia. Generally, once someone is tried and acquitted, they cannot be tried by that same court for the same offense again. However, witness tampering, if sufficient evidence existed, might support a new charge. Consult with a criminal lawyer. Good luck!
Answer Applies to: Georgia
Replied: 7/15/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, I would need further details to answer properly but the short answer is probably yes depending upon the facts and circumstances and whether double jeopardy attached ( which is a complicated issue. ). You should hire an attorney.
Answer Applies to: New York
Replied: 7/15/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
A person can only be tried once for an offense. If found not guilty they cannot be tried again.If there is eveidence of witness tampering the person or persons responsible for having committed this offense can be indicted for witness tampering or obstruction of justice and tried for that offense. Judges have a reputation for being rather severe on cases of witness tampering.
Answer Applies to: Alabama
Replied: 7/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Double jeopardy bars a second prosecution for any crime unless you are charged with a federal offense as well as a state crime. Once you are acquitted you cannot be tried for the same offense, but you could be charged with jury tampering.
    Answer Applies to: New York
    Replied: 7/15/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 7/15/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    If the witness tampering caused a mistrial, yes.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    This depends upon the original outcome of the trial. If the verdict was an "aquittal" the person cannot usually be retried because of the "double Jeopardy" protection clause of the Constitution. If the jury was "hung" or deadlocked, the case can be retried.
    Answer Applies to: Kansas
    Replied: 7/15/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    If the first trial ended in a not guilty, the person cannot be retried. If a person was convicted and it is determined that there was witness tampering of witnesses against the defendant then that may be a basis for a new trial. If the trial resulted in a mistrial a retrial is possible at the election of the prosecution.
    Answer Applies to: Montana
    Replied: 7/15/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    I do not understand your question, what do you mean by retired
    Answer Applies to: Florida
    Replied: 7/15/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    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.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    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.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If the witness tampering can be proven, then the answer is Yes.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    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.
    Answer Applies to: California
    Replied: 7/15/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    after not guilty verdict, no
    Answer Applies to: Florida
    Replied: 7/15/2011
    Aaronson Law Firm
    Aaronson Law Firm | Michael Aaronson
    Once a jury finds a defendant not guilty, he cannot be retried because it constitutes "double Jeopardy".
    Answer Applies to: Texas
    Replied: 7/15/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    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.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    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.
    Answer Applies to: California
    Replied: 7/15/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    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.
    Answer Applies to: Alabama
    Replied: 7/14/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    If you were acquitted you may not be retried. However, new charges may be brought against you for tampering with a witness.
    Answer Applies to: California
    Replied: 7/14/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    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.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    It depends on what happened in the previous trial.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Maybe yes. It depends who tampered with the witness.
    Answer Applies to: New York
    Replied: 7/14/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    No. Its double jeopardy. They could get charged with tampering.
    Answer Applies to: New York
    Replied: 7/14/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Yes, if a person is accused of tampering with a witness or a jury the court won't allow them to benefit from that...
    Answer Applies to: New York
    Replied: 7/14/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    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.
    Answer Applies to: Washington
    Replied: 7/14/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    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.
    Answer Applies to: Minnesota
    Replied: 7/14/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    It depends on why the first verdict was overturned. If it was overturned for witness tampering he can probably be retried.
    Answer Applies to: California
    Replied: 7/14/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    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.
    Answer Applies to: Texas
    Replied: 7/14/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    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.
    Answer Applies to: Washington
    Replied: 7/14/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Double jeopardy bars a retrial. The witness tampering may raise other charges.
    Answer Applies to: New Hampshire
    Replied: 7/14/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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.
    Answer Applies to: California
    Replied: 7/14/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    If a mistrial was declared by the court, a person can be retried for the offense
    Answer Applies to: Connecticut
    Replied: 7/14/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    Yes, generally, unless the appellate court finds that double jeopardy precludes the state from re-trying the defendant.
    Answer Applies to: Massachusetts
    Replied: 7/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    As long as there was never a verdict, a case can be retried (100 times if necessary).
    Answer Applies to: California
    Replied: 7/14/2011
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