Asked 4/15/2016 – Dallas, TX

my daughter was convicted of Aggravated Robbery last year, and they sentenced her to 5 years. She appealed her case, and was given a new trial. Will the prosecutor just not drop the charges? I read somewhere that with a new trial, double jeopardy or something like that comes into play. If they do go to trial, will she just be sentenced to jail time all over again?

Answer

A new trial is just that, a new trial. Fir your daughter’s purposes, it’s just like the first trial never happened. If she is found not guilty, the case is dismissed but if she is found guilty, she can be sentenced to prison from anywhere from 2 to 20 years. The prosecutor will not just drop the charges because he/she believes a conviction can be obtained (like in the first trial). With a new trial, double jeopardy does NOT apply or anything like that. Stay in contact with her attorney.