What to do if my brother was falsely accused of a crime?

My brother went to trial but was found not guilty of one criminal charge but the other 2 charges resulted in a mistrial. How many days after a mistrial must the prosecutor notify the defendant that a retrial will take place? Also, can a judge order that a person be placed under a large bond,and wear a tracking device that the defendant has to pay for before being tried and convicted of a crime?

Asked on July 6, 2012 under Criminal Law, Mississippi

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally, for the first trial, a defendant must be tried within 270 days.  However, this rule has been interpreted as a "guideline" (meaning excpetions can apply) and is not generally applied to retrials.  In order to get a trial sooner, your brother needs to file a motion for speedy trial.  Once he asserts this right, then they will have to try him sooner, or have a good excuse for the delay which meets one of Mississippi's exceptions for speedy trial violations. 

As far as bond requirements go, yes... the judge can impose reasonable requirements of bond, including tracking devices at his own expense.  However, since your brother has already been found not guilty of one crime, he would have a better argument to ask for lighter bond conditions while awaiting the second trial.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.