What Is a Mistrial?

 Posted on March 03,2022 in Criminal Defense

When a person is arrested and charged with a crime, there are three possibilities that could happen. The charges will be dropped, the person will plead guilty in a plea bargain arrangement with the prosecutor, or the case will go to trial so a jury will decide if the person is guilty of the crime or crimes they are accused of.

The goal of the trial is that the jury will decide if the person is guilty or not guilty. There are, however, many trials where an issue arises that causes the judge to declare a mistrial. Although it may seem that a mistrial is good for the person who is accused, there are negative factors to consider.

Why Do Some Cases Result in a Mistrial?

There are two reasons why a mistrial may be called. The first reason is that the jury is unable to come to a unanimous decision on whether the accused is guilty or not guilty of the charges. In this situation, the judge may instruct the jury to keep on deliberating. Occasionally, a jury is able to finally come to a verdict, however, in many cases, they are still unable to reach a decision.

The second reason is that a fundamental legal error happened during the trial that violated the accused’s right to a fair trial. Examples of this include:

• There was an improper argument offered by the prosecutor during opening or closing statements.

• Someone associated with either the prosecutor or the defense made contact with a jury member after the trial began.

• The accused’s criminal history was brought up in front of the jury by a witness or the prosecutor.

In the case of a legal error, either side can present an argument to the court why a mistrial should be declared.

What Happens After Judge Declares a Mistrial?

When the mistrial is declared because of a deadlocked jury, the prosecutor will then decide if they will proceed with another trial and another jury. In cases where the mistrial is declared because of misconduct or error on the part of the prosecution, instead of a mistrial, all charges may be dismissed. This is because of the legal principle of double jeopardy. Under this principle, a person cannot be tried twice for the same crime.

Anyone who is charged with a crime should retain the services of a seasoned criminal defense attorney to represent them. A person attempting to defend themselves or one who depends on an overworked and inexperienced public defender will often end up with the worst outcome possible for their case.

Contact a Stamford Defense Attorney for Legal Assistance

If you have been charged with a crime, you will want a skilled Fairfield County criminal lawyer defending you against the charges. Call Law Offices of Daniel P. Weiner at 203-348-5846 to schedule a free and confidential consultation.

Source:

https://ncpro.sog.unc.edu/manual/243-2

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/mistrials/