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What is a Mistrial in a Criminal Case

What is a Mistrial in a Criminal Case?

A mistrial is when a trial ends before the jury reaches a verdict or the judge makes a ruling. This happens when there is a serious problem during the trial that prevents it from being fair or following proper procedures. A mistrial basically means the trial has to start over from the beginning with a new jury.

Mistrials don’t happen very often, but when they do it’s usually for one of these main reasons:

The Jury Can’t Reach a Unanimous Verdict

In a criminal case, the jury has to reach a unanimous verdict of either guilty or not guilty. That means all 12 jurors have to agree. If after deliberating for a long time the jury still can’t agree, the judge will declare a mistrial due to a “hung jury.” Then the prosecution has to decide whether to retry the case.

There Was Juror Misconduct

If a juror intentionally disobeys the judge’s orders, like doing research on the case on their own, that can cause a mistrial. Also if a juror has improper contact with one of the parties in the case. Basically anything that shows the juror is biased or considering evidence they shouldn’t be.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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One of the Attorneys Messed Up

If the prosecution or defense makes a big procedural error or does something improper, the judge may declare a mistrial. Like if an attorney mentions evidence that had been ruled inadmissible, or makes inappropriate comments in front of the jury.

New Evidence Surfaces Mid-Trial

Sometimes new evidence comes to light in the middle of a trial that significantly changes things. If the judge decides this evidence could have impacted the trial but it’s too late to introduce it now, they may declare a mistrial so the evidence can be considered properly in a new trial.

There’s a Problem with a Witness or Attorney

If a key witness suddenly becomes unavailable or dies during the trial, that may lead to a mistrial. Or if one of the attorneys becomes seriously ill or has a family emergency mid-trial. Basically anything that prevents the trial from continuing fairly.

The Judge Made a Serious Mistake

Sometimes the judge makes an error that irreparably harms the fairness of the trial, like allowing inadmissible evidence that prejudices the jury. Declaring a mistrial is the only way to undo the damage at that point.

What Happens After a Mistrial?

After a mistrial is declared, the prosecution has to decide whether to retry the case or let the defendant go free. They usually will retry the case unless the problem was so severe that a second trial seems unlikely to succeed.

The defendant can’t claim double jeopardy to prevent being retried after a mistrial, unless the judge specifically says the case is dismissed “with prejudice.” That’s very rare though. So most defendants will have to face trial again after a mistrial.

If there is a second trial, both sides have more insight into the other side’s strategies and evidence. This can make the trial more difficult, but also gives the attorneys a chance to improve their approach. Witnesses may also have cloudier memories the second time around.

Overall, mistrials are frustrating and time-consuming for everyone involved. But the justice system views them as necessary in order to preserve fairness and the integrity of the process. They want to get verdicts right, even if it takes more than one try in some cases.

Common Questions about Criminal Mistrials:

Can the defense request a mistrial?

No, only the judge can declare a mistrial. But the defense can request the judge to do so if they believe there has been a serious procedural error or other problem that warrants a mistrial.

Does a mistrial mean the defendant goes free?

No, a mistrial is not an acquittal. The prosecution still has the option to retry the case with a new jury, unless the judge dismisses the case “with prejudice.”

Can a mistrial be declared because of a hung jury?

Yes, a hung jury that cannot reach a unanimous verdict is one of the most common reasons for a mistrial. If the jury tells the judge they are hopelessly deadlocked, the judge will likely declare a mistrial.

Can you have a mistrial in a civil case?

Yes, mistrials can happen in civil cases as well as criminal ones. The same kinds of procedural errors or jury problems that would lead to a mistrial in a criminal case could also cause one in a civil case.

How often do mistrials happen?

Mistrials are relatively rare, occurring in only about 2-10% of criminal cases that go to trial, from various studies. But high-profile cases are more prone to them since the stakes are higher.

Is a mistrial good or bad for the defendant?

It’s hard to say definitively if a mistrial is good or bad. It may give the defense more insight into the prosecution’s case for a second trial. But it also gives the prosecution another chance if the first trial was going poorly for them.

In Summary:

  • A mistrial ends a trial before a verdict is reached due to a serious problem making the trial unfair
  • Common reasons include a hung jury, juror misconduct, attorney errors, new evidence, or witness issues
  • After a mistrial, the prosecution usually retries the case with a new jury
  • The defense can’t claim double jeopardy to prevent a retrial after a mistrial
  • Mistrials are rare but do happen in high-profile, complex criminal cases

I hope this breakdown helps explain the basics of what a mistrial is, why they happen, and what the aftermath looks like in a criminal case. Let me know if you have any other questions!

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