While many criminal cases end with a verdict of guilty or not guilty, others may end with a mistrial. In a way, this is no ending at all, as mistrials often mean the case must start over, and the defendant may be tried again. This can be frustrating, but our experienced attorneys can help you through it.
Mistrials may happen when something occurs during the trial that makes a fair outcome practically impossible. Often, defendants move for a mistrial, or the court may declare one on its own. When preparing for a new trial after a mistrial, we must ensure that the problem from the previous trial has been corrected, whatever that may be. In some cases, defendants may use a mistrial to their advantage. Prosecutors might be too busy to retry the case, or they might realize how weak their evidence is and be willing to offer a plea deal or even drop the charges.
Start with a free initial case evaluation from our Philadelphia criminal defense attorneys at Kenny, Burns & McGill by calling (215) 423-5500.
What Happens After a Mistrial?
In many cases, a mistrial means the entire case must start completely over. While this can be frustrating, it might give you a second chance to defend yourself.
Mistrials may occur for several reasons. Hung juries, misconduct, and the introduction of inadmissible evidence are just a few common causes. When a judge declares a mistrial, the entire case may start over from the beginning with a new jury.
Mistrials may be tried again because no verdict was reached based on the merits of the case in the first trial. If the jury has already rendered a verdict in the case, a mistrial cannot be declared. As such, the mistrial must happen before the verdict, and it can happen at almost any time.
Mistrials and the Double Jeopardy Rule
Many people wonder how a second trial is possible, given that the Double Jeopardy rule forbids trying someone twice for the same crime. As mentioned, a mistrial occurs before a verdict is rendered based on the merits of the case. Double Jeopardy attaches when the jury is empaneled.
Even though mistrials are usually declared after Double Jeopardy is attached, a mistrial may not violate Double Jeopardy if the rule if “manifest necessity” applies. Under this rule, the court declares a mistrial only if it is absolutely necessary because whatever legal error has occurred cannot be corrected and would likely result in a second trial after an appeal anyway.
If serious legal errors occur but manifest necessity does not exist, it is possible that there can be no second trial after a mistrial because it would violate the Double Jeopardy rule.
For example, prosecutorial misconduct may lead to a mistrial but likely does not meet the requirements of manifest necessity, and a second trial might not be possible since the error was in the prosecutor’s control the whole time.
Preparing for a New Trial After a Mistrial in Pennsylvania
Preparing for a new trial following a mistrial may be somewhat simpler than preparing for the initial trial. At this point, our Pennsylvania criminal defense attorneys should have all our evidence together and legal strategies ready. However, there may be room for adjustments now that we have an idea of what we are up against.
When preparing for a new trial, we should consider why a mistrial occurred in the first place.
Typically, mistrials are often the prosecutor’s or the jury’s fault, and we must make sure that they correct the problem. This may involve contacting the prosecutor directly to inquire about the new trial or ensuring the next jury pool has people better prepared to render a valid verdict.
Is a New Trial Always Required After a Mistrial in Pennsylvania?
Generally, a mistrial is followed by a new trial, but there may be special circumstances that mean a new trial is impossible. In other cases, a mistrial might present a new opportunity to resolve the case without having a trial at all.
After a mistrial, many prosecutors find that they lack the resources to conduct a second trial. They may have other cases to prepare, and they may already be stretched thin. Depending on your charges, prosecutors might be willing to drop the charges and move on. This may be more likely in cases involving less serious, non-violent offenses and first-time offenders.
Another possibility is that the prosecutor cannot or will not drop the charges, but they would still rather avoid a trial. In that case, they might be willing to offer a better plea deal than they otherwise would. This could be an opportunity to avoid harsh penalties without having a trial.
Reasons Why Mistrials Might Not Be Tried Again
In some cases, a new trial after a mistrial is either not possible or the court will not allow it. If this happens in your case, you might not have the deal with the charges at all.
Prosecutorial Misconduct
Occasionally, prosecutors will either negligently or knowingly break the rules in court. This could be a minor misstep or a massive violation. In more serious cases, the prosecutor’s misconduct might make it impossible to reach a fair verdict, and we can move for a mistrial.
If the court believes that the prosecutors purposefully committed misconduct to obtain a mistrial, there may be severe consequences. Prosecutors might do this to buy themselves more time to prepare the case. However, the court will not allow them to benefit from their actions, and the judge might dismiss the case entirely.
Highly Prejudicial Evidence
Another possibility is that the mistrial stems from the prosecutor’s introduction of extremely inflammatory or prejudicial evidence. If they cannot put on the case without this evidence in the new trial, they might have no choice but to drop the charges.
Who Decides When a Trial is a Mistrial?
Mistrials can occur in a few different ways. Most often, defendants, prosecutors, or the court may move for a mistrial.
According to 234 Pa. Code Rule § 605(B), if something prejudicial to the defendant happens during the trial, it is the defendant’s responsibility to move for a mistrial. In such a case, we should immediately move for a mistrial. Waiting to say anything might be considered a waiver of the issue.
Similarly, if something happens that is unfairly prejudicial to prosecutors – like if the defense introduced seriously prejudicial illegal evidence – the prosecutor may move for a mistrial.
The court may declare a mistrial on its own volition, or “sua sponte.” Essentially, if the court believes that some event during the trial makes it impossible to reach a fair and just outcome, the judge may declare a mistrial.
Get Legal Help Today From Our Pennsylvania Criminal Defense Lawyers
Start with a free initial case evaluation from our Doylestown, PA criminal defense attorneys at Kenny, Burns & McGill by calling (215) 423-5500.
