Muncie, IN asked in Wrongful Death for Indiana

Q: I if someone gets arrested in Indiana and they are found not guilty at trial. Can they arrest another person for the sam

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1 Lawyer Answer

A: It appears your question was cut off. If I understand correctly, you are asking whether it is possible for the state of Indiana to charge another person with wrongful death after someone is acquitted. The answer is that the state of Indiana absolutely can arrest another person for the crime. The likelihood of that happening is not very good. Here's why. In the case where the Defendant was found not guilty, the prosecutor argued that the Defendant WAS guilty, beyond a reasonable doubt. Moreover, every witness who identified the Defendant in the first trial will be a witness for the defense in the second trial. What I am trying to say is this: if another person is arrested and charged with wrongful death, the matter will very likely be pled down to some significantly lesser included offense because all of the evidence and all the witnesses from the first trial will make it very very difficult for a prosecutor to secure a conviction in the second trial. I hope this answers your question.

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