can the state file an appeal after a judge discharges a case and acquits the defendant?

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can the state file an appeal after a judge discharges a case and acquits the defendant?

2006-07-20 16:08:29 · 4 answers · asked by stadewale 1 in Politics & Government ➔ Law & Ethics

4 answers

No, that is protected in part through Double Jeopardy.

The state can file as a defendant (like when laws are challenged), but not as a prosecutor.

2006-07-20 16:12:25 · answer #1 · answered by John J 6 · 0⤊ 0⤋

They can always re-word it and try the person for something else associated to what they were aquitted on. But, it'd be double jeopardy to try them twice on the same charge unless it's a hung jury or mistrial.

2006-07-20 23:13:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋

Yes, but for a legal error

2006-07-20 23:12:35 · answer #3 · answered by trailsman1961 3 · 0⤊ 0⤋

no, i think once you have been found innocent, you're innocent for life.

2006-07-20 23:10:29 · answer #4 · answered by redpeach_mi 7 · 0⤊ 0⤋