Retrial Is Not Always An Option

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Retrial Is Not Always An Option

Mistrials and retrials are valuable safeguards against wrongful convictions. However, there are limitations on when retrials are available to a defendant. A recent ruling by a San Diego judge demonstrates that in situations where there would not be any new evidence available for either the defense or the prosecution to present at a new trial, a retrial will not get granted. In the absence of a retrial, the effect of a mistrial is that the defendant does not get convicted, but they don’t get acquitted either.

Constantino Banda Acosta – Recent Case

A recent example of a case in which there has been at least one mistrial, and there will not be a new trial is the case of Constantino Banda. Banda got accused of seriously injuring a young boy in a hit-and-run DUI accident. He pled not guilty, claiming that a friend was driving the vehicle at the time of the crash. The most recent mistrial was the second for Banda, and the trial ended when the jury failed to reach a verdict. Banda’s first trial ended with a deadlocked jury. Banda will not get a new trial because there is no new evidence for either side to present. If no new evidence gets introduced at a new trial, the likely outcome is that there will be a hung jury or an acquittal.

Since Banda was found to be present in the United States without the proper documentation at the time that he caused the crash, he will get transferred into the custody of the United States Department of Immigration and Customs Enforcement (ICE). This incident is not Banda’s first experience with ICE; in fact, he already got deported fifteen times within the past ten years.

When a retrial does not get granted after a mistrial, people whose lives were affected by the defendant’s actions experience limbo just like the defendant, who is neither acquitted nor convicted. The parents of the boy who got seriously hurt by Banda are struggling with how they will explain this most recent turn of events to their son, who continues to experience cognitive difficulties because of the injuries sustained in the crash. Previously, they were able to tell Lennox that the man who caused the crash that fractured his skull so severely that he nearly died was in prison.

If you got charged with DUI in Santa Ana, CA or anywhere in Orange County, you have valuable rights that are at stake. A DUI conviction can make it challenging for you to keep your job or find employment, access public benefits, take care of your family, obtain housing, and more. Protect your rights and your liberty by seeking legal counsel right away. A Santa Ana DUI defense attorney can help you pursue the best possible result in your DUI case.