QUESTION
How can I get a retrial if the defendant was aquitted by jury?
Asked on May 18th, 2018 on Criminal Law - Pennsylvania
More details to this question:
I am the victim in this situation. The defendant was aquitted but I feel the real story was not represented. Evidence wasn't explained accurately. Not enough evidence was used. I also don't think I was asked enough questions while testifying. In my case it was attempted homicide w/ grievous injury , aggravated assult , terroristic threats. The man shot me 3 times/ 2 chest 1 belly. He claimed self defense.. He shot himself in the head after he shot me the 3 times.. also my 4 minor children were in the home ages 12-11-5-3. He was released from jail an hour and a half after trial.. I am in fear for my life my kids are afraid we are all in counseling and struggle everyday.
1 ANSWER
Once the jury was sworn in jeopardy attached to his case. The Consitution does not permit a person to be placed in jeopardy more than once. Since the jury came back with an acquittal his criminal matter is concluded on these facts. You may have a civil cause of action and depending on your relationship with the party you may have an opportunity for a protection from abuse order. However, as far as the criminal charges are concerned there is no legal way for him to be retried on this case.
Answered on May 29th, 2018 at 9:29 AM