5 months since filing and no appeal date yet...

jsherk
High Authority
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Re: 5 months since filing and no appeal date yet...

Unread post by jsherk »

Well a re-trial is better than guilty!!!

You can basically start fresh again this time, however you can also ask questions or reference answers that the officer gave in the first trial. So if you ask the officer a question that you asked last time, and he gives you a different answer (that you don't like), you can say "In the previous trial when I asked you that question, you said bla bla bla instead which is different from what you said this time."

I don't know the rules of perjury so I am not sure whether you can get all the testimony thrown out because they say something contradictory, or if it just helps bring a lot of reasonable doubt to what they said since it is different. Maybe somebody else can answer that (or maybe post that as new question).

You should make a copy of the transcript from first trial so you can submit the original transcript as evidence if you need too.
+++ This is not legal advice, only my opinion +++


bozotheclown
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Re: 5 months since filing and no appeal date yet...

Unread post by bozotheclown »

jsherk wrote:Well a re-trial is better than guilty!!!

You can basically start fresh again this time, however you can also ask questions or reference answers that the officer gave in the first trial. So if you ask the officer a question that you asked last time, and he gives you a different answer (that you don't like), you can say "In the previous trial when I asked you that question, you said bla bla bla instead which is different from what you said this time."

I don't know the rules of perjury so I am not sure whether you can get all the testimony thrown out because they say something contradictory, or if it just helps bring a lot of reasonable doubt to what they said since it is different. Maybe somebody else can answer that (or maybe post that as new question).

You should make a copy of the transcript from first trial so you can submit the original transcript as evidence if you need too.
Thanks! This is great to know.


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