Mistrial defined as the trial that is going to terminate without a verdict owing to some procedural mistakes or major disruption caused either by jurors or others. McAdams Law Office understands what mistrial means and how important this event could be in helping you see what occurs afterward.
The grounds for a mistrial include attorney misconduct, a hung jury, or a grave error by the judge. These issues disrupt the fairness of the trial to such an extent that continuing it would violate the defendant’s rights or compromise the judicial process. We examine each of these more closely below.
This occurs when legal representatives behave unethically or improperly, jeopardizing the trial’s fairness. Examples include introducing inadmissible evidence, making prejudicial statements, or engaging in actions that bias the jury. Courts prioritize impartiality, and any violation can lead to the declaration of a mistrial. Learn about protecting your rights during legal proceedings in cases such as questions to ask during a police interaction.
A hung jury is when jurors cannot unanimously, or in majority, depending on jurisdiction, agree upon a decision. This lack of consensus prevents the trial from coming to a close with a verdict, often forcing the court to declare a mistrial. Hung juries may result from long-held views by jurors, conflicting analysis of evidence, or not enough time for deliberation. Cases involving conflicting evidence often require strategic legal defenses to ensure fairness.
The fairness of a trial can be grossly affected by judicial errors, such as incorrect instructions to the jury or improper admission of evidence. When a judge makes an error that cannot be corrected during the trial, a mistrial is often the only option. Understanding how trespassing charges are handled can provide insights into how judicial errors impact outcomes.
A mistrial can be declared at any time during a trial, but this usually occurs due to unexpected interferences. Common reasons include procedural errors, juror bias discovered during the trial, or evidence introduced in violation of legal rules. Other factors that can cause a mistrial include contamination of the jury from the outside or improper communication between jurors and outside parties. The courts seek to preserve the sanctity of the process, and when an occurrence makes a resolution impossible without unfairness to one of the parties, declare a mistrial. This would be based upon the way the disruption has affected things in relationship with the accused’s right to a fair hearing.
Following a mistrial, the prosecution could retry, dismiss the case, or plea bargain the charges. Consequences depend on the reasons that lay underlying for the declaration of the mistrial, the strength of evidence, and the discretion of a prosecuting attorney.
No, a mistrial does not always imply dismissal of charges. While some mistrials may encourage the prosecution to dismiss the case, others result in re-trying the case. The seriousness of the charges and the likelihood of winning a case is one factor that determines what next.
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Although related, the terms mistrial and hung jury are different legal terms. Knowing the differences between them helps shed light on how the judiciary handles such eventualities.
A mistrial is a generic term for a wide range of issues that impede the continuation of trial. These include everything from procedural error to misconduct and mean the prosecution can no longer present its case fairly. Mistrials are declared in cases involving the improper admission of evidence, contamination of the jury from outside influences, or judicial error. Often, the case is re-tried.
A hung jury explicitly means the jury was unable to agree to a unanimous or sufficient verdict. This is one of the most common reasons a case can be declared a mistrial. In such circumstances of jurors who, after being able to do so reasonably, cannot agree, the judge may declare a mistrial and either to retry or dismiss the case depends on the merit of the case, the circumstances, and the evidence presented during the trial.
Double jeopardy rarely is an issue in the majority of mistrial declarations. Although double jeopardy prohibits trying a person twice for a single offense, most the time there are retrials on declaring a mistrial, but they may, at times in some ways give exemptions if probably the action of mistrial results directly from the prosecutor’s misconduct and other forms affecting protection of the rights of the defendant.
Is a mistrial possible in Greeley? The experienced criminal defense at McAdams Law Office is ready to help. Contact us today to discuss your case with a reputable Greeley criminal defense attorney.
| 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.