Legal Question in Criminal Law in Michigan

after a misstrial, how long does the prosecuter have to "refile" the charges? It is a drug delivery charge of a felony status.


Asked on 5/30/10, 6:24 pm

1 Answer from Attorneys
Joseph Vredevelt Best Vredevelt & Associates

After a mistrial the prosecutor does not need to refile the charges; in effect a mistrial will act as if the original trial never happened and it resets the case for another status conference and trial date automatically. If the prosecutor does not wish to try the case a second time they have the option to dismiss the charges or offer a better plea bargain.

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Answered on 5/31/10, 4:50 am


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