Saint Paul, MN asked in Criminal Law for Minnesota

Q: How many times can a prosecutor retry me after they get a hung jury in a 1st degree drug case

And what has to happen to prove malicious prosecution. Thanks and appreciate your time all this takes place in minnesota

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3 Lawyer Answers
William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: They can continue to try you until a jury finds you guilty or not guilty. Doing so is not malicious prosecution. Malicious prosecution is difficult to prove. Worry about finding a way to win your trial.

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: There isn't a limit if it is a hung jury. That is a basis for a mistrial and you can be retried. Much more information would be needed to address the malicious prosecution question intelligently. Follow up directly with a criminal defense attorney. Most will provide a free consultation.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Strictly speaking, "malicious prosecution" can be a type of civil tort case, but not a defense to a criminal charge. On the other hand, a criminal defense attorney, in the right case, can raise issues of vindictive prosecution and prosecutorial misconduct, in a criminal case. You could hit the law library and read several several volumes (or more) of books on these varied topics. But I'll agree with my colleagues responses that a more practical focus on winning should bear more fruit. As for "how many times can a prosecutor retry a defendant after a hung jury," there is no number limit that I'm aware of. But, each time the defense attorney may seek to persuade first the prosecutor not to recharge; and failing that, to persuade the judge of legal reasons to dismiss (possibly followed by an appeal, in the right case). Those efforts would likely depend upon the specifics of each case.

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