Can you retry a case with new evidence?
Asked by: Prof. Eula Langworth I | Last update: February 14, 2026Score: 4.1/5 (45 votes)
Yes, new evidence can be introduced in a retrial (a new trial ordered after an appeal), but not typically during an appeal itself, which reviews the original record for legal errors; new evidence usually forms grounds for a motion for a new trial in the trial court, requiring it to be previously undiscoverable and likely to change the outcome, often under after-discovered evidence rules, while rare exceptions for appeals might involve extraordinary circumstances or specific legal procedures, notes The Keleher Appellate Law Group and LII | Legal Information Institute.
Can you be retried if new evidence is found?
If you are found not guilty, the government cannot retry you for the same offense, even if new evidence surfaces later. Against a second prosecution after conviction. If you are convicted and sentenced, prosecutors cannot retry you for the same crime to seek harsher penalties.
Can a criminal case be reopened with new evidence?
New evidence emerges: If important new evidence comes to light, such as DNA results, additional witnesses, or a confession, the prosecution might try to reopen a case even if it was previously dismissed.
When can you not retry a case?
If a mistrial is declared after that point, the Double Jeopardy Clause may prevent the defendant from being retried for the same offense, unless certain exceptions apply. For example, if a mistrial is declared because of a hung jury, or at the request of the defendant, a retrial is generally allowed.
Can you introduce new evidence in a retrial?
While the general rule is that new evidence cannot be introduced during an appeal, there are rare exceptions. Under limited circumstances, new evidence may be considered by an appellate court or may warrant a new trial in the trial court.
Can The Prosecution Retry A Case After A Hung Jury? - Courtroom Chronicles
Can new evidence overturn a conviction?
Appeals are based on legal errors, not new evidence.
An appellate court only reviews the existing trial record for mistakes made by the judge, prosecutor, or criminal defense attorney; it does not re-evaluate the facts or hear new testimony.
What are the four reasons a case may be retried?
A party files a motion for a new trial, and a court may grant a retrial if there was a significant error of law, a verdict going against the weight of the evidence, irregularity in the court proceeding, jury or prosecutorial misconduct, newly discovered material evidence, or improper damages.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
Can a case be tried twice?
Double Jeopardy in California Law
The protections include: Protection against a second prosecution after acquittal. Protection against a second prosecution after conviction. Protection against multiple punishments for the same offense.
How many times can a lawyer reset a case?
Resetting a Felony Case
The number of times a case can be reset depends on the circumstances. For example, if a defendant has a court-appointed public defender, they can automatically reset the case three times. However, a criminal defense attorney who you hire on your own can automatically reset a case four times.
What evidence is needed to reopen a case?
A motion to reopen must state new facts and be supported by documentary evidence. Resubmitting previously provided evidence or reasserting previously stated facts will not meet the requirements of a motion to reopen.
What is considered new evidence?
New evidence is evidence not previously part of the actual record before agency adjudicators. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim.
Can you be tried again after not proven?
Research has also shown that some people thought - incorrectly - that the accused could be tried again if the verdict was not proven. That has been allowed in exceptional circumstances since 2011 under double jeopardy legislation, but the method of acquittal plays no part in that process.
Can a case be reopened with new evidence?
To reopen a case based on new evidence, three key steps must be taken: File a motion with the court. Your attorney prepares a formal request explaining why reopening the case is necessary for justice to be served. Show you acted diligently.
What is stacking charges?
A common practice among prosecutors is to charge defendants with as many crimes, for a single incident or transaction, as they can. This practice is commonly known as “charge-stacking.” Police officers and district attorneys have substantial discretion over what crimes to charge a suspect.
What is considered newly discovered evidence?
Newly discovered evidence, or after-discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial.
How many times can they retry a case?
How many times can a defendant be retried? For those facing hung jury retrials, it's as many times as the government pleases. Double jeopardy prohibitions do not apply when juries fail to reach a verdict. There is, theoretically, a built-in procedural solution to stop the government from endlessly retrying defendants.
How many times can you try the same case?
United States. In the United States, the protection in common law against double jeopardy is maintained through the Double Jeopardy Clause of the Fifth Amendment to the Constitution, which provides: ... nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; ...
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
Which lawyer wins most cases?
There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins".
What happens to 90% of court cases?
According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."
What color do judges like to see in court?
Judges generally prefer neutral, conservative colors like navy, gray, black, and white, as these convey seriousness, respect, and professionalism, avoiding distractions in a formal court setting; bright colors, bold patterns, and overly casual attire should be avoided to show you're taking the proceedings seriously. While some suggest lighter, muted tones (like light blue) might leave a favorable impression, the key is sobriety and fitting in, not standing out.
What evidence is allowed in a retrial?
So the retrial does not automatically carry over all the evidence from the first trial. Each piece of evidence must be reintroduced and ruled admissible by the new judge. But most physical evidence, expert testimony, and factual findings would likely be presented again.
Who has more power than a judge?
While judges hold significant authority in court, others wield different forms of power, including Legislators (Congress) who make laws judges interpret, the President who enforces them and appoints judges, Prosecutors (DAs) who heavily influence case outcomes through charging decisions, and even Juries who determine facts, all operating within a system of checks and balances where power is distributed, not absolute.