Re:3rd Circuit vacates Weev's conviction [pdf]
by aidenn0 on Friday April 11, 2014 @02:55PM
(#7574727)
IANAL, but:
1) It's only a felony if the secondary charge is allowed
2) They can retry this if they want, since the judgement was vacated, weev was not acquited or convicted. My understanding is that so long as there weren't certain kinds of prosecutorial misconduct (e.g. the prosecutor intentionally caused a mistrial so they could start over).
3) That being said, retrials are fairly rare, since it's expensive and it tends to look bad for the prosecutors.
1) It's only a felony if the secondary charge is allowed
2) They can retry this if they want, since the judgement was vacated, weev was not acquited or convicted. My understanding is that so long as there weren't certain kinds of prosecutorial misconduct (e.g. the prosecutor intentionally caused a mistrial so they could start over).
3) That being said, retrials are fairly rare, since it's expensive and it tends to look bad for the prosecutors.