What to do if my brother was falsely accused of a crime?
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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 11 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.
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