What does it mean when a mistrial is declared?
Mistrial, in law, a trial that has been terminated and declared void before the tribunal can hand down a decision or render a verdict.
Can a mistrial be declared on a deadlocked jury?
Deadlocked, or “hung” jury – a jury that cannot reach an agreement on the defendant’s guilt or innocence. Even if a mistrial was declared because of a procedural error by the prosecution or the judge, the defendant may be retried, unless the prosecutor or judge acted in bad faith.
Can a prosecution retry a defendant after a mistrial?
Whether or not the prosecution can retry the defendant at a later date is a little complicated. When a mistrial is declared at the defendant’s request, or with his consent, jeopardy does not end, making it possible for the prosecution to initiate another trial.
Why did the judge declare a mistrial in the Delgado case?
Delgado’s attorney, Tim Oswalt, asked the judge to declare a mistrial due to jury misconduct. In fact, one of the jurors had admitted to discussing the trial outside the court, which the judge had specifically told the jurors not to do prior to each break.
A mistrial being declared simply means that the criminal case starts all over. The case will remain on the court’s docket, and all parties to the case must decide how they want to proceed. Another criminal trial is scheduled for the future on the same charges.
How do you appeal a mistrial?
At this point it is important for the attorney to preserve for appeal all grounds for mistrial by including them in the record by written motion, affidavits, oral statements on the record, etc. Going through a second trial can create problems for both sides.
How to get a mistrial in a criminal case in Texas?
Call (281) 853-8537. A judge will declare a mistrial in a criminal trial in Texas when it is determined that the case cannot come to a satisfactory conclusion. The most common reason a mistrial is declared is when the jury determines that they cannot reach a unanimous decision of guilty or not guilty.
What are the advantages of a mistrial in a criminal case?
Defense Lawyer – Potential Advantages of a Mistrial. From the defense standpoint, there are potential advantages to the declaration of a mistrial. First, the state may elect not to retry that case, which would result in dismissal of the charges.