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Can someone be retried for murder if it is found that there was witness tampering?
23 ANSWERS
A person can usually be retried for murder if a mistrial was declared during the trial. If the defendant was convicted and wins his appeal, he can be re-tried. If the defendant was acquitted, he cannot be re-tried under the Double Jeopardy clause of the Constitution.
Answered on Jul 19th, 2011 at 1:11 PM
Steven C. Bullock
Double jeopardy would typically apply to any issue on a retrial, particularly if the defendant was tried and found "not guilty". As to the witness tampering, criminal charges could be brought on that issue.
Answered on Jul 16th, 2011 at 7:21 AM
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Yes.
Answered on Jul 15th, 2011 at 1:35 PM
If the witness tampering caused a mistrial, yes.
Answered on Jul 15th, 2011 at 1:35 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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If the first trial ended in a not guilty, the person cannot be retried. If a person was convicted and it is determined that there was witness tampering of witnesses against the defendant then that may be a basis for a new trial. If the trial resulted in a mistrial a retrial is possible at the election of the prosecution.
Answered on Jul 15th, 2011 at 12:14 PM
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I do not understand your question, what do you mean by retired
Answered on Jul 15th, 2011 at 11:28 AM
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Andrew Subin Attorney at Law
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If the first trial ended in a mistrial, there can be another trial. If the defendant was convicted and he found out afterward that there was witness tampering, he could bring a motion for a new trial. If the defendant was found not guilty, they cannot try him again.
Answered on Jul 15th, 2011 at 11:16 AM
Someone can be retried for murder unless he was found not guilty of murdering a specific person by a jury or a court. If that happened then he cannot be retried again for the murder of the same person.
Answered on Jul 15th, 2011 at 11:15 AM
Roianne Houlton Conner
If the witness tampering can be proven, then the answer is Yes.
Answered on Jul 15th, 2011 at 10:40 AM
If the person that was tried or someone on his be half did the tampering then it could be rulled a miss-trial and retried.
Answered on Jul 15th, 2011 at 10:16 AM
William Guy Pontrello
after not guilty verdict, no
Answered on Jul 15th, 2011 at 9:58 AM
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Once a jury finds a defendant not guilty, he cannot be retried because it constitutes "double Jeopardy".
Answered on Jul 15th, 2011 at 9:28 AM
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Craig W. Elhart, PC
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What happened in the first trial? If there was a guilty verdict, a person could motion the court for a new trial based on the newly discovered evidence. If the person was found not guilty, jeopardy has attached and I don't believe there could be a retrial.
Answered on Jul 14th, 2011 at 2:40 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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It depends on what happened in the previous trial.
Answered on Jul 14th, 2011 at 2:39 PM
Michael J. Breczinski
It depends on the outcome of the first trial. If the person was acquitted then the anwer is no. But there are charges related to the witness tampering that can carry as much time.
Answered on Jul 14th, 2011 at 2:29 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Maybe yes. It depends who tampered with the witness.
Answered on Jul 14th, 2011 at 1:48 PM
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Complex question: If there was a hung jury or a mistrial then the answer is most certainly yes. If the case went to trial and the person was found "guilty" then the defendant could motion for a new trial based upon newly discovered evidence that is material to the case. If the court found there to be good cause, then the guilty verdict could be set aside and the case retried. If the defendant was found "not guilty", and the witness tampering was committed by the defendant or someone on defendant's behalf, then the prosecutor could motion for a new trial.
Answered on Jul 14th, 2011 at 1:46 PM
Personal Injury Attorney serving New York, NY
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No. Its double jeopardy. They could get charged with tampering.
Answered on Jul 14th, 2011 at 1:38 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Double jeopardy bars a retrial. The witness tampering may raise other charges.
Answered on Jul 14th, 2011 at 1:37 PM
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Law Office of Edward J. Blum
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It depends on why the first verdict was overturned. If it was overturned for witness tampering he can probably be retried.
Answered on Jul 14th, 2011 at 1:33 PM
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Austin Legal Services, PLC
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If you were acquitted, then you cannot be retried for the same crime twice as that would be double jeopardy. If there was witness intimidation, that is a separate crime and you and/or anyone on your behalf can be tried for that crime which is a felony.
Answered on Jul 14th, 2011 at 1:30 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes, after a hung jury, without a verdict. After conviction, those kind of claims are what an appeal or a motion for new trial is for, if timely made. If the appeal results in an order for a new trial, then yes. If it is FOUND that there was witness tampering means that it is PROVEN through credible admissible evidence, not just believed or speculated by you.
Answered on Jul 14th, 2011 at 12:59 PM
As long as there was never a verdict, a case can be retried (100 times if necessary).
Answered on Jul 14th, 2011 at 12:52 PM