Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
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California child molestation case ends in mistrial

Roseville, California, residents may be familiar with the recent trial of a 27-year-old man who is being charged with child molestation. The trial was in Sacramento, California, and ended in a mistrial. The 27-year-old defendant was facing 21 charges related to his alleged molestation of five children. He has been in custody since his arrest in January 2010.

The declaration of a mistrial means that the defendant is likely to have to face a completely new second trial with a new jury panel. Many of our Roseville readers may think this sounds like a violation of the double jeopardy standard, but a mistrial is different. A mistrial means that the case is still open, that a final judgment of any kind has not yet been rendered, and that the prosecution is still free to bring the defendant to trial again. Of course, the prosecution is also allowed to dismiss the case in the event of a mistrial, but that does not seem to be the likely outcome in this particular case.

The defendant was ordered to remain in custody with $750,000 bail pending his second trial. After the judge declared a mistrial, the defendant's attorney had requested a bail reduction and also requested electronic monitoring in lieu of secure jail custody. However, the judge indicated that he was not inclined to do so after he had heard the evidence that came to light during the jury trial.

All criminal charges are serious, but sexual assault charges can be particularly hard to overcome. Whereas an acquittal can sometimes alleviate the burden of facing some other types of charges, even being charged with a sexual crime can stay with someone forever. It is extremely important for anyone facing sexual assault or child molestation charges to have an excellent legal advocate. In California, those charged with these types of crimes would be wise to consider a Certified Criminal Defense Specialist.

Source: The Sacramento Bee, "Mistrial declared in Sacramento child molest case," Andy Furillo, April 26, 2012

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