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Criminal Retrial Procedure

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legalq

Junior Member
Hello I am new to this forum so please forgive me if I haven't posted this in the correct place. I am an amatuer writer and I am writing a small play that has a re-trial in it. It takes place In NYC. It is a murder case.

Situation: The defendant of a murder case was convicted and sentenced and then appealed the decision when new evidence became available. 1 year later she was awarded a re-trial.

My questions are:

1) What is the chronology of events in a criminal re-trial?
(As much detail as possible is greatly appreciated.)

2) Are you still assumed innocent during the re-trial even though you were prieviously convicted?

3) Is it ever mentioned to anyone in the courtroom that it is in fact a re-trial?

4) Are there any law students or lawyers who would like to have thier name listed as research contributors?

Thanx
:)
 
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seniorjudge

Senior Member
legalq said:
Hello I am new to this forum so please forgive me if I haven't posted this in the correct place. I am an amatuer writer and I am writing a small play that has a re-trial in it. It takes place In NYC. It is a murder case.

Situation: The defendant of a murder case was convicted and sentenced and then appealed the decision when new evidence became available. 1 year later she was awarded a re-trial.

My questions are:

1) What is the chronology of events in a criminal re-trial?
(As much detail as possible is greatly appreciated.)

2) Are you still assumed innocent during the re-trial even though you were prieviously convicted?

3) Is it ever mentioned to anyone in the courtroom that it is in fact a re-trial?

4) Are there any law students or lawyers who would like to have thier name listed as research contributors?

Thanx
:)

Same as a trial; no; no; and no.
 

legalq

Junior Member
Thank You Seniorjudge as for question #4 that is only your answer and you are not speaking for the whole thread...lol I hope...lol

So how does a retrial work? Isn't it obvious to the jury that the defendant is already tried and convicted if he/she shows up in chains? What do they do in high profile cases where it is obvious to the world that the defendant has been tried?

Well anyway Im looking forward to more people answering the original question(s). and thanx alot this is a big help believe it or not...:)
 

Litigation!

Senior Member
My response:

I would only want to take part in this "play" ONLY if it has the "Law and Order" Du dum! sound in it.

When I hear that sound, I drop whatever I'm doing, and get goose bumps!

IAAL
 

seniorjudge

Senior Member
Q: So how does a retrial work?

A: See my first post.


Q: Isn't it obvious to the jury that the defendant is already tried and convicted if he/she shows up in chains?

A: The defendant could also show up in chains for his first trial. Read Helter Skelter by Vincent Bugliosi.



Q: What do they do in high profile cases where it is obvious to the world that the defendant has been tried?

A: Hope for the best when the prospective juror says he is not prejudiced.
 

legalq

Junior Member
Hopefully last question on this subject.

What specifically do the: Judge, Balif, Da , and anyone else who may speak,
Say at the beginning of a trial?
 

seniorjudge

Senior Member
legalq said:
What specifically do the: Judge, Balif, Da , and anyone else who may speak,
Say at the beginning of a trial?
Did you read Bugliosi's book?

Anyway, you should go sit in on a couple of criminal jury trials.

You would learn a lot.
 

legalq

Junior Member
Thanx
I plan to sit in on some cases but for now I'm a little short on time so I thought I would come here and pick you guys brains for some procedures. I found some good stuff online that tells the order of a trial but it does not mention what people do at the very beginning. its funny everything else is free on the internet but it seems that court videos and manuscripts are not...lol
 
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