If an Appellate Court Reverses a Case Based on Insufficient

question 7

Multiple Choice

If an appellate court reverses a case based on insufficient evidence, the prosecutor:

• A)can re-file the case based on his/her own discretion.
• B)can re-file the case if it has evidence that was not admitted at the first trial.
• C)can re-file the case as long as the new filing is based on lesser charges than the original case.
• D)cannot re-file the case or file lesser included offenses.