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What percentage of mistrials are retried

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The document is a motion for mistrial filed by the defendant in a Louisiana judicial district court. The motion argues that the defendant's right to a full voir dire examination was violated due to prejudicial remarks made by a potential juror, the court's failure to admonish the jury, and restrictions placed on defense counsel during questioning. The defendant requests that the court grant the mistrial and dismiss the jury.

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Does a mistrial mean the person goes free?

In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.

Does a mistrial mean the charges are dropped?

No, a mistrial does not always imply dismissal of charges. While some mistrials may encourage the prosecution to dismiss the case, others result in re-trying the case.

What usually happens after a mistrial?

First and foremost, it means that the current trial proceedings are terminated, and the defendant is neither acquitted nor convicted. The case is essentially reset, and the defendant may face a retrial in the future.

Why would a lawyer want a mistrial?

Defense attorneys often view a mistrial as a positive result for several reasons: Avoiding Conviction: A mistrial means that the trial was not completed successfully, which can prevent a conviction. This can be particularly beneficial if the evidence against the defendant is weak or if the prosecutions case is flawed.

Can you be tried again after a mistrial?

If a mistrial is declared, it means that the original trial did not reach a valid conclusion, and the case can be retried without violating the double jeopardy principle. However, its important to note that once a retrial commences and the prosecution presents its case, double jeopardy protection attaches.

Does a mistrial mean the case is dismissed?

A mistrial ruling may also result in the dismissal of the case with prejudice, which means that it cannot be retried. However, if the case is dismissed without prejudice, the prosecution is likely to retry the case if they believe it to be in the interests of justice to continue pursuing a conviction.

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