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Causes and Aftermath of Mistrials in Court

Handley LLC Feb. 17, 2020

There are lots of complications associated with court cases. Some of the cases can also cause a mistrial due to several reasons. Mistrial is a very common thing in court. However, it brings several problems to the party who is involved. If you face any such mistrial issue in the court, you need to hire a criminal defense attorney in that case. Before knowing in detail, let us know what mistrial is.

Mistrial- What Is It?

The trial that isn’t successfully accomplished due to some problem occurred during the process is known as mistrial. The judge is the only one who is responsible for declaring a mistrial. When a mistrial is declared by the judge, the case is meant to be stopped immediately. And neither the jury nor the judge can return with a verdict.

The causes of mistrial can be various. Some of the common causes are:

  • Death of the attorney or the jury

  • If any misconduct is done by the juror like if the jury for one party is involved with another party

  • Due to a deadlock the jury may be unable to reach to any verdict

  • Juror breaking the rules in the time of trial

What Happens when Judge Declares Mistrial?

Mistrial often becomes problematic to the party who is not guilty in the case. In a mistrial, the judges ask the jury to resume deliberations. This charge is known as Allen Charge.

Judges try to convince the jurors in the minority to reconsider their position. However, some of the courts may not allow it because it is coercive.

According to the American Bar Association, if the jury is unable to reach to a unanimous verdict, the case will go into mistrial and will be hung for indefinite period. The case can be again opened with a new jury, but that would take a lot of time. The prosecution may also decide not to proceed with the case any further. This is very dangerous. Therefore, people try to re-open the case if mistrial is declared. To open the case again, people need a criminal defense attorney.

You can visit to Handley Law Center if you need an attorney. We are located in OKC.

** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.