Criminal Law

questions & answers

Question: Hi! I am one of the very lucky people to be granted a new trial. There was an error at trial and the judge ordered a new trial. My question is what happens at a retrial? Is it the same testimony from the first trial or can the victims change their story? For example, the victim admitted hitting me first during the first trial. Can he change that or does testimony have to be the same? I need to know this to help make a decision regarding accepting a plea offer. My attorney is unsure.

Answer: Look at Rule 24.2 related to Motions to Vacate a Judgement and Rule 32 on Post Conviction Relief. New Trial Motions in civil cases are governed by Rule 59 of the Arizona Rules of Civil Procedure. Rule 60(c) discusses vacating a judgement. http://www.azlawhelp.org/viewquestions.cfm?sc=38&mc=6&qid=9024 This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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  • Hi! I am one of the very lucky people to be granted a new trial. There was an error at trial and the judge ordered a new trial. My question is what happens at a retrial? Is it the same testimony from the first trial or can the victims change their story? For example, the victim admitted hitting me first during the first trial. Can he change that or does testimony have to be the same? I need to know this to help make a decision regarding accepting a plea offer. My attorney is unsure.

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