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What happens when a trial is declared a mistrial?

In some cases, the court may grant a temporary release to the defendant during a mistrial. This means that the defendant can be released from custody, pending the resolution of the mistrial and any subsequent proceedings.

Do you stay in jail after a mistrial?

It can occur for a variety of reasons, such as a hung jury (when the jury is deadlocked and cannot come to a unanimous decision), the death or illness of a juror or attorney, an error in the proceedings that could cause prejudice, or misconduct by a party involved in the case. What is a Mistrial? | What Happens After a - Varghese Summersett versustexas.com blog mistrial versustexas.com blog mistrial

Are people free after a mistrial?

With regards to procedural errors or misconduct, grounds for a judge to order a mistrial include improper admission of prejudicial evidence; misconduct by the court, counsel, parties, or witnesses; and jury errors, among other grounds. mistrial | Wex | US Law | LII / Legal Information Institute cornell.edu wex mistrial cornell.edu wex mistrial

Whats the difference between a mistrial and a hung jury?

A mistrial does not result in a judge dismissing any charges, although under some circumstances a judge might be empowered and authorized to dismiss a charge after mistrial based on certain factors. It is not the mistrial that leads to or justifies a dismissal.

Are you free after a mistrial?

A mistrial, in essence, temporarily leaves the case in limbo until decisions can be made about how and when to move forward. Depending on what prompted the mistrial, most cases will be retried again at a later date. This can benefit the defense.