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Does mistrial mean another trial?

Mistrials are trials that are not successfully completed. Theyre terminated and declared void before the jury returns a verdict or the judge renders his or her decision in a nonjury trial. Mistrials can occur for many reasons: death of a juror or attorney.

What happens when a mistrial is called?

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 innocent?

A mistrial is not an acquittal If the court declares a mistrial, it does not mean the defendant is innocent or will no longer be charged with a crime. It means that based on the facts and circumstances, it is no longer just for the trial to proceed to a verdict of either not guilty or guilty.

What happens when a mistrial is called?

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.

What does a mistrial mean in a trial?

A mistrial occurs when 1) a jury is unable to docHub a verdict and there must be a new trial with a new jury; 2) there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a decision on the merits and awards a new trial.