QUESTION

If a person has a mistrial in a criminal case... is it possible for the prosecuters to present new evidence in the retrial?

Asked on Jan 04th, 2018 on Criminal Law - Pennsylvania
More details to this question:
A family member received a mistrial in a criminal case... but in his retrial... the prosecutors presented new evidence which caused him to be convicted. Was that constitutional?
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1 ANSWER

Criminal Law Attorney serving Exton, PA at Hyde Tebay Legal
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Yes, they can present different evidence.  They don't have to present the same trial over and over again.  In fact, many times they don't present all of their evidence in a trial, it is up to the prosecutor to decide what evidence he needs to convict.  That being said, if that evidence was new and never turned over you have an issue.  That is to say if the evidence materialized and your attorney never had a chance to look at it or investigate it, you have an issue.  
Answered on Jan 29th, 2018 at 8:23 AM

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