You’ve probably seen courtroom dramas on television where a crazy turn of events leads to a shocking mistrial, but what exactly happens once a mistrial has been declared in a case? In today’s blog, we take a closer look at why a mistrial may be declared and what happens next if your case ends up being declared a mistrial.
Why Might A Mistrial Be Called?
Mistrials aren’t all that common in a standard criminal court, but that doesn’t mean you’re immune from the possibility of a mistrial. In Minnesota, a mistrial can be ordered for one of two reasons: A procedural issue that affects the potential legitimacy of the case, or as a result of a hung jury.
Procedural Issue – Let’s start by looking at some of the procedural issues that could result in the judge ordering a mistrial. If anything happens during the course of the trial that the judge believes will now make it impossible for the case to continue lawfully, a mistrial can be ordered. Some examples of procedural issues that could lead to the declaration of a mistrial include:
- Your defense lawyer gets sick and can’t attend court
- A jury member dies
- Previously entered evidence is found to be inadmissible
- Poor weather affects the ability to continue the case
- Jury tampering
Hung Jury – The second reason that a mistrial could be declared is in the event of a hung jury. When a jury renders a verdict for either guilty or not guilty, all members of the jury must come to this conclusion. If some members feel that the defendant is guilty while others believe the defendant is not guilty, and none of them change their position during deliberations, they will declare a deadlocked or hung jury. In these cases, a mistrial will be declared.
What Happens After A Mistrial Is Declared?
If a mistrial is declared by the judge, the next big decision moves to the prosecution. If they think that there is enough evidence to earn a conviction, they will move forward with another trial at a future date. This is more common in procedural issues, as a hung jury may be more indicative that the evidence to convict simply isn’t there. If they believe that they’ll have a difficult time convincing another jury of the defendant’s guilt, they may opt to drop the charges.
Ultimately, as a defendant, a mistrial caused by a hung jury is a good position for your case, but a mistrial caused by a procedural issue is unlikely to lead to dropped charges. In those instances, you’ll likely just end up with another court date later in the future when those procedural issues have been resolved.
For more information about mistrials, or to talk to a lawyer about your defense options if you’re facing criminal charges, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
