A mistrial can be caused by a wide variety of different circumstances. And, right after a mistrial, a number of different circumstances can occur.
Going over the circumstances that underlie both of those facts, and speaking with a Schaumburg criminal defense lawyer, will allow you to protect your rights.
CLICK HERE to watch Attorney Thomas T. Glasgow discuss the grounds for a mistrial.
When Does A Mistrial Occur?
A mistrial is a trial that is rendered invalid.
For example, if a jury cannot reach a unanimous verdict, this trial is rendered invalid. Alternatively, if the jury has acted improperly, this, too, renders the trial invalid.
A mistrial can occur when one of the following is present:
- The defendant was unable to exercise their rights, making the trial a violation of their right to a fair trial.
- The discovery of new evidence is set to change the facts underlying the trial and
- The jury conducted themselves improperly and, in doing so, diluted the legitimacy of the trial.
- The jury is unable to reach a verdict, and, as a result, the trial cannot be concluded.
- The trial was conducted improperly, and these procedural errors dilute the legitimacy of the trial.
- The prosecutors, judge, or attorneys acted improperly and, in doing so, made a fair trial impossible.
- The publicity surrounding the trial has created an atmosphere that makes conducting a fair trial impossible.
Outside of what has been listed above, a wide variety of other equally notable situations can lead to a mistrial being declared. You can click here for more information on the grounds for a mistrial.
What Happens After A Mistrial?
A number of different outcomes can occur right after a mistrial. Some of the most notable of these potential outcomes are as follows:
- A date will be set for a retrial, which means that a new trial will move forward – with a new jury – even though the previous trial had to be declared a mistrial.
- The case may be dropped; this is rare, but it does happen, and can if the case isn’t very strong or, alternatively, there were reasons for the mistrial that affect the validity of the case.
- Double jeopardy is applied and as a result of this, a new trial is unable to move forward; depending on the reason for the mistrial, this can happen, although it isn’t very likely.
Regarding the second outcome, if police misconduct or evidence mishandling – among a wide variety of other possibilities – was the primary reason for a mistrial to be declared, then the case may be dropped. This is because the entire case is, in this example, dependent on that evidence, and if it was mishandled, the case lacks validity.
Every single one of the outcomes clarified above can occur in the event of a mistrial. None of these outcomes are good or bad. Yet the last two outcomes are, in most instances, more desirable than a retrial.
Get Qualified Legal Help Today
If you need representation for a criminal charge, Glasgow & Olsson is uniquely qualified to help you.
Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless it is in the best interest of our clients. As proactive lawyers, we fight aggressively and support our clients throughout their entire case up to and including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.
When you need an attorney, experience matters. Speak with a Schaumburg defense attorney today to learn how our experience can get you the results you deserve.