Mistrials are exceedingly common in criminal cases, especially the more complicated ones. It is a complete redo of the entire trial, so it is hard to tell whether it would benefit the prosecution or defense. Having more in-depth knowledge about the process should help you if you think your case has a chance of being a mistrial.
So, what is a mistrial? What happens if a trial is deemed mistrial? These are some of the most common questions our clients ask. Mistrials are not very complicated, but they can happen for quite a few reasons. This article will provide a detailed explanation of the topic.
What Classifies As Mistrial?
A mistrial is a form of unfinished trial. It usually happens when the trial becomes void before the judge pronounces the verdict. The mistrial is an inconclusive trial that needs to start from scratch. Such trials are a nuisance for everybody involved because they need to gather all the testimonies and other evidence all over again.
There are usually close to a dozen ongoing trials every day in manhattan. A lot of these cases become mistrials for one reason or another. So, mistrials are very common to any criminal defense lawyer in NYC.
There are quite a few reasons why a trial can become a mistrial. For example, it can happen if a Manhattan criminal defense attorney or juror dies before the completion of the trial. The rules are similar all over the world. Juror misconduct is another prominent reason for a mistrial.
Juror misconduct refers to the situation where the court finds evidence of prejudice from the jury. A hung jury is also a prominent reason for a mistrial. That refers to when both the defense and prosecution are in a deadlock. The judge can declare a mistrial if they think the trial won’t progress any further.
Other than that, both the defense and prosecution have the right to request a mistrial. A criminal defense attorney in NYC might request one if they think the redo will give them more favorable options. But it’s an unreliable tactic since the judge can deny the motion. In which case, the trial shall proceed as before.
What Can You Expect from A Mistrial?
There are multiple routes one can take if their trial becomes a mistrial. The first one is where the judge will directly dismiss the charges. But this does not mean an acquittal. It implies that the trial cannot proceed further with the current evidence. The defendant can still be accused of the crime at a later trial.
However, the 5th amendment stops double prosecution for the same crime. So, the defense can get through it without another trial. But the Double Jeopardy Clause will not come into effect if the mistrial was due to a hung jury.
A retrial will most likely happen if the defendant’s double jeopardy clause did not activate. It can be a great benefit for the defendant if they can gather more evidence for their favor. But a second trial means going through the entire proceeding all over again. No evidence or findings from the previous trial can be used in this one. So, it’s a big hassle for everyone.
Looking For A Good Lawyer In NYC?
You need strong support to rebut in a retrial because both sides know each other’s hand. It can be a blessing for one side but cripplingly unfavorable for the other. There can also be unexpected twists and turns. So having a reliable attorney on your side can do wonders.
Gary Farrell is one of the best criminal defense attorneys in NYC. The Law Office of Gary Farrell has a stunning track record of successful cases in criminal defense NYC with many acquittals in a wide range of cases. So, if you are in need of a lawyer then be sure to call us at +1 646-431-8332 or simply leave us an email to get a free consultation.
So, What is a mistrial? It is when a criminal court trial gets dismissed while still being inconclusive. Usually, it happens when a court case does not have a way to move forward with the information at hand.
We hope this article was informative enough to answer your queries. Thanks for stopping by.