Pending trial definition
Pending trial means that an indictment or information has been brought against the accused. For purposes of paragraph a., any pretrial diversion or similar program does not amount to being “tried” or “pending trial.” In any case, close coordination with officials of other jurisdictions may be necessary to ensure that the policy against second trials is followed, and because many such jurisdictions have laws prohibiting second trials for persons tried in federal courts or courts- martial.