In cases where you are facing a charge for sex, drug, domestic assault, or other types of crimes, you may wonder about the possible outcomes. Among them are mistrials..
What are mistrials?
According to the American Bar Association, these trials are those that are not successfully completed. Due to various reasons, the case can result in a mistrial.. This must happen before a jury or judge returns a verdict, as it is impossible to declare a mistrial after there is already a result.
For a mistrial to be declared, an attorney (of any participating party) may file a motion to seek a mistrial. The judge will then proceed to grant or deny the request. If denied, the trial would continue normally.
In what cases do mistrials occur?
Several reasons can lead to a mistrial being declared, including:
– The jury is deadlocked and cannot reach a decision.
– The selection of the jury can be considered improper or incorrect (with conflicts of interest, for example)
– A juror is behaving inappropriately (such as discussing details of the case with the inmate or people outside the case)
– A juror or attorney dies
– It is determined that the court does not have adequate jurisdiction to proceed
– A lawyer presents misconduct
– Evidence is entered into the case incorrectly
– Other reasons
What happens when a mistrial is declared?
Different situations can happen:
– Another criminal trial is scheduled under the same charge, replacing the first
– The prosecutor dismisses charges, and the case is closed
An agreement can be reached between the prosecutor and the defense attorney. Such agreements are normally reached before the trial takes place. If that did not happen in your case, but the resulting mistrial showed difficulties in prosecution, it would be more likely that a plea deal would be reached to resolve the case in favor of the defendant.
In either case, you need a knowledgeable and experienced criminal defense attorney to handle your case. Mitkevicius Law can help you.View All Blogs