Legal Question in Criminal Law in Hawaii

If my case was dismissed after going to trial, can I be retrialed again? Evidence used in first , can It be used again if it was dismissed the first trial?


Asked on 4/16/11, 3:45 pm

1 Answer from Attorneys

Rustam Barbee Rustam A. Barbee, Attorney at Law

More information is needed in order to answer your question. Did the Judge or jury enter an acquittal (finding of not guilty) after the trial? Or was the matter dismissed by the Judge before a trial started?

Generally, a second trial will be prohibited if a defendant is acquitted at trial. Two exceptions are where the second trial concerns an offense different from what the defendant was acquitted of at the first trial or where the second trial is from a separate government entity. For example, where a defendant is acquitted in a state trial but is later charged with a federal offense in federal court.

Where a prosecution is ordered dismissed by the Judge, it can be reinstated where the case was dismissed without prejudice. Evidence from the initial case may be offered if it was not suppressed.

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Answered on 4/20/11, 8:25 pm


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