How Do You Move For A Mistrial In A Criminal Trial?
A mistrial occurs when an error in the legal process invalidates a criminal trial. A mistrial can also happen when a so-called “hung jury” cannot reach a verdict in the case. If the judge declares a mistrial, the prosecution must retry the case with a new jury. The following steps provide more information. Understand the grounds on which your judge can declare a mistrial. A lack of jurisdiction, errors in the jury selection process, a miscarriage of justice or unusual circumstances (such as the death or illness of a juror or lawyer) are some of the grounds on which you may move for a mistrial. Know that certain circumstances automatically result in the declaration of a mistrial. The most common such circumstance is a deadlocked jury that cannot reach a verdict in your criminal trial. Be aware that, under U.S. law, judges must declare mistrials only when absolutely necessary, to avoid unnecessary expense to taxpayers and burden on the criminal justice system. Realize that, occasionally,
