How long doesa state have to decide if they want to retry you ordismiss the case after you have won an appeal?

Asked on July 15, 2010 under Criminal Law, Maryland


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you won on appeal and the appeal concerned a substantive matter, it depends on whether the appeal basically reversed your conviction and if so, depending on double jeopardy, you may not be re-tried.  Did the appeal concern a matter that gives the prosecution another bite at the apple? If so, then basically what you need to do is review the timelines with your counsel.  Depending on case dockets, the back up in the court system, whether this was a felony or misdemeanor and type, the time period can be lengthy.  Consider review with your defense counsel. 

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