When you’re facing criminal charges in Colorado, it helps to know all the possible outcomes that can arise during trial. One question we often get is, What is a mistrial in a criminal case? Simply put, a mistrial means the courtroom process has been stopped—no verdict, no final decision. At McAdams Law Office, a criminal defense law firm in Greeley, we believe that knowing how and why this can happen makes a huge difference when navigating the justice system.
A mistrial happens when the judge ends the trial before the jury delivers a verdict. This doesn’t mean the defendant walks free or is found guilty—it just means the current trial hits a dead end. These situations can arise in either jury trials or a judge’s decision. A mistrial occurs when a court ends a trial before the jury can deliver a verdict. It’s a procedural safeguard used when something goes wrong during the proceedings—such as a hung jury, misconduct, or an error that prevents a fair trial.
When a criminal trial is stopped before the jury reaches a verdict, it’s considered a mistrial. This essentially resets the case and may lead to a retrial. Common reasons include a hung jury, serious procedural mistakes, misconduct by a juror, or the use of inadmissible evidence. In these situations, the defendant isn’t found guilty or not guilty—the case is left unresolved. From there, prosecutors decide whether to pursue a new trial or drop the charges. While the Fifth Amendment protects against double jeopardy, that safeguard usually doesn’t apply unless the mistrial stems from intentional wrongdoing by the prosecution. Knowing how and why a mistrial happens gives defendants and their legal team a better sense of what might come next.
Mistrials don’t just happen randomly. The most common reason is a hung jury—when jurors are deadlocked and can’t reach a unanimous verdict. In Colorado criminal cases, all jurors must agree on guilt or innocence.
Other common reasons are:
Finally, Colorado courts can declare a mistrial if a fair jury simply can’t be assembled due to issues like public health emergencies.
When a mistrial is declared, everything essentially resets. But that doesn’t mean it’s the end of the road. The case isn’t dismissed, and the defendant isn’t off the hook yet.
At that point, the ball is in the prosecutor’s court. They’ll usually review what went wrong before deciding what to do next. Options include:
Understanding how courts handle mistrials in criminal cases can give you a clearer picture of what to expect and how to prepare. On our side, we work to position your case in the best possible light, whether negotiating a favorable deal or pushing back against a second trial.
¨We’re not just a business in Weld County; we’re a part of the community. Living and working here, we’re dedicated to supporting the people of Greeley. Our office is right by the courthouse, deep in the heart of the local legal scene. With over 140 jury trials in 20 years, our experienced attorneys understand that everyone deserves respect and a strong defense, no matter the situation¨
Not necessarily. A mistrial ends the current proceedings but doesn’t stop the case from being retried.
The U.S. Constitution’s double jeopardy rule protects individuals from being tried twice for the same offense—but here’s the catch: it doesn’t usually apply after a mistrial. A retrial can often move forward unless the prosecutor intentionally provoked the mistrial.
So, what does that mean for your defense? It means you need to stay ready. A mistrial opens the door to strategic moves, and we help you evaluate every angle—whether it’s mounting a strong defense again or seeking to have the case dropped.
Understanding what is a mistrial in a criminal case can make all the difference when your future is on the line. At McAdams Law Office in Greeley, we guide clients through these legal twists with clear answers and solid strategies.
Whether you’re grappling with a mistrial or seeking clarity about your legal options, contact us at (970) 353-0002. We’ll help you move forward with confidence and clarity.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.