This guide is an introduction to mistrials in Central Texas counties such as Comal County, Hays County, and Guadalupe County.
What Is A Mistrial?
The judge can declare a mistrial if a jury cannot reach a unanimous verdict. In this case, a mistrial means the trial ended without a decision on guilt or innocence.
A mistrial must be declared before a jury reaches a verdict and the judge announces it. It can also occur during the trial if one side violates specific rules of evidence.
For example, if a defendant has a previous criminal conviction, the prosecutor usually cannot mention it during the trial. The judge will probably declare a mistrial if the prosecutor improperly brings up the criminal conviction.
The goal of every criminal trial is to conclude with a verdict of either guilty or not guilty. While this happens in most cases, your criminal defense attorney occasionally deals with trials that end in a mistrial.
Why Might A Mistrial Be Declared?
Courts declare mistrials in several circumstances. Usually, this occurs when reaching a final verdict in a criminal trial is impossible:
- The jury cannot come to a unanimous decision (i.e., there is a “hung” jury).
- The State improperly introduced evidence or someone tampered with evidence.
- The judge finds a juror prejudiced or incompetent, or the jury is selected improperly.
- A party accuses a juror of misconduct, such as discussing the case with the media, contacting one of the parties involved, or considering evidence not admitted in the trial.
- A party accuses an attorney on either side of the matter of misconduct.
- A juror or attorney passes away during the trial.
- The court lacks jurisdiction to try the case (i.e., venue).
- A disruption occurs that makes a fair trial impossible for the defendant.
What Happens After A Mistrial Is Declared?
Criminal defense attorneys find that many people wrongfully believe a mistrial is the same as receiving a not guilty verdict and having the case thrown out, which is incorrect.
When a trial ends in a mistrial, the State usually tries the case again. However, sometimes a mistrial suggests that the State has a weak case, and they dismiss the charges.
There are occasions when the parties can avoid a retrial. Examples are when the State agrees to drop the charges against the defendant or the parties make a successful plea bargain.
Mistrials Are Declared to Ensure A Fair Trial
When a judge declares a mistrial, it is usually due to a violation of the rules of evidence or code of criminal procedure that would make a fair trial for the defendant impossible.
Often, a mistrial can benefit the defendant, mainly if it results in the dismissal of charges. Other times, defense lawyers know that a mistrial can make the retrial even more challenging.
Defendants must work with an experienced attorney who can protect their rights during the trial when a mistrial is declared and in future proceedings.
Contact me for a free case review if you are charged with a crime in Comal County or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.
The post MISTRIALS IN CENTRAL TEXAS appeared first on Lance Kennedy Law.
