People often assume that a criminal trial either ends with a guilty or not-guilty verdict, but this is not entirely accurate. Criminal cases sometimes end in a mistrial where no verdict is reached based on the merits of the case, and a new trial must be scheduled.

A mistrial may occur in various ways, including prosecutorial misconduct, jury issues, hung juries, and the introduction of highly prejudicial evidence. Often, a mistrial comes down to legal errors that cannot be corrected and may have an unfair impact on the case. Such a situation might deny the defendant their right to a fair trial, so that declaring a mistrial is the only option. Depending on the situation, the defendant might have to motion for a mistrial. In others, the court might declare a mistrial on its own. While starting over in a new trial may be frustrating, there may be some advantages, such as knowing more about the prosecutor’s legal strategies.

Contact our Philadelphia criminal defense attorneys with the Liberty Law Team by calling (215) 826-3314 and get a free, private case review.

Mistrials for Prosecutorial Misconduct

Everyone working on a criminal case, including prosecutors, must adhere to strict rules and legal procedures. If prosecutors knowingly break the rules to gain an unfair advantage, they may be penalized for prosecutorial misconduct. In some cases, the misconduct is so serious that the trial cannot continue, and a mistrial must be declared.

An example of prosecutorial misconduct is withholding evidence or information from the defense during the discovery phase of the trial. For example, prosecutors might have evidence that tends to show the defendant is not guilty, but they might try to hide it to secure a conviction. Such behavior is extremely unethical, and judges sometimes dismiss cases with prejudice, making it impossible for charges to be refiled as a means of punishing prosecutors.

Another common example involves the authorities marching the defendant into the courtroom in handcuffs. This image may taint the jurors’ perception of the defendant, possibly making them more inclined to find them guilty. Generally, defendants should not be in handcuffs in front of the jury.

Prosecutorial misconduct is a serious violation, and our Philadelphia criminal defense lawyers will make sure that the prosecutor in question is reprimanded.

Mistrials Because of Problems with the Jury in Philadelphia

Sometimes, the problems that lead to a mistrial stem from the jury rather than you or the prosecutor. These issues can sometimes be hard to prevent, making a mistrial unavoidable at times.

Jurors Discussing the Case

Jurors are forbidden from discussing the case outside of court. In cases where information about the case is highly publicized, jurors may even be sequestered to ensure their impartiality. If they discuss the case with others or seek out information that may compromise their impartiality, they may be dismissed from the jury. If we do not have enough jurors left, a mistrial might be necessary.

Hung Jury

It is also common for a mistrial to result from hung juries where no verdict can be reached. Verdicts in criminal cases must be unanimous. If even one juror refuses to agree with the rest, the judge may declare a mistrial and try the case again with a new jury. One of the most common reasons for a mistrial, especially in highly complex cases, is a hung jury.

Mistrials Due to the Introduction of Highly Prejudicial Evidence

Another possible cause of a mistrial is extremely prejudicial or inflammatory evidence that somehow makes it into court. This could be evidence that has minimal relevance to the case but makes the defendant look very bad to the jury, often for reasons that are only tenuously connected to the case.

Generally, we may object to highly prejudicial evidence. However, if the inflammatory nature is not revealed until after a jury has heard the evidence, a mistrial might be the only solution. At the next trial, the evidence in question should be properly excluded.

When to Declare a Criminal Mistrial

When the court declares a mistrial may vary based on the circumstances. In some cases, the defendant may call for a mistrial. In others, the court might move for a mistrial on its own.

If a serious legal error comes up, our Philadelphia criminal defense lawyers will move for a mistrial as soon as possible. If you wait to raise the issue, the court might assume that you have waived the issue, and the court might not do anything to correct it. In short, it is often up to you and your attorney to determine when a mistrial is appropriate and push for it immediately.

If you wait to move for a mistrial, you should have a good reason. It is possible that nobody caught the error until it began to affect the rest of the case. It is also possible that others covered up the error or misconduct through additional misconduct, and you could not have known about it until later.

Mistrials may occur at any time during the trial process.

How a Criminal Mistrial Can Work in Your Face in Philadelphia

A mistrial is often frustrating for everyone involved, especially if the first trial was nearly complete. However, the mistrial might work in your favor.

After a mistrial, you have a better idea of how the prosecutor plans to use their evidence, and you can adjust your legal strategies accordingly. The evidence should not change in the next trial unless it was illegally admitted into the first one. As such, prosecutors might not change their tactics, and you may be better equipped to counter their strategies.

A mistrial may also present an opportunity to negotiate a plea deal, depending on the circumstances. Prosecutors may be too overburdened with other cases to conduct a second trial for yours, and they may be more willing to offer a favorable plea deal.

Alternatively, if the mistrial results from a hung jury, the prosecutor might realize their case is not as strong as they thought, and a plea deal might be their next best option.

If your case ended with a mistrial before, our team can help you avoid going through that again. We may push for a much better plea deal the second time around or even try to convince the prosecutor to drop the charges.

Ask Our Philadelphia Criminal Defense Attorneys for Help Today

Contact our Bensalem, PA criminal defense attorneys with the Liberty Law Team by calling (215) 826-3314 and get a free, private case review.