Mistrial — A Definition | SoloSuit Blog (2024)

Sarah Edwards | August 08, 2023

Edited by Hannah Locklear

Mistrial — A Definition | SoloSuit Blog (1)

Summary: When a trial is declared invalid due to serious errors that occurred during the case proceedings, it is called a mistrial. Mistrials can happen in most types of cases for many different reasons. If you are the defendant in a case, having a mistrial is almost always going to benefit you. You can avoid going to trial altogether by using SoloSuit’s services to respond to a debt collection lawsuit.

You’ve probably heard of a mistrial but may not know what the term means. Essentially, a mistrial occurs when something happens during court proceedings that adversely impacts the outcome of a case. A judge will declare the case a mistrial before granting a finding for the defendant.

If a judge declares a mistrial, the prosecutor or plaintiff must decide on their next steps. They can drop the charges against the defendant or choose to undergo a second trial.

Mistrials are more common in criminal proceedings but can also occur in civil cases.

What causes a mistrial to occur?

Judges can declare a mistrial for multiple reasons.

The unavailability of a person involved in court proceedings can lead to a mistrial. For instance, the judge may grant a mistrial if a jury member dies or the defendant suddenly develops a severe illness.

Activities conducted by a juror can also lead to a mistrial. All jurors receive specific instructions concerning their duties at the beginning of the trial. Jurors can’t discuss the aspects of the court proceedings with particular people in the courtroom, like the legal teams or the defendant.

Jurors cannot speak with the media during the court case. They should keep all their opinions concerning the matter to themselves when associating with family members or friends. While they can take notes during the deliberation process with other jurors, they must leave them in the jury room at the end of the day.

If a juror fails to abide by the instructions, their actions can result in a mistrial.

What other actions can result in a mistrial?

Problems with evidence can lead to a mistrial. Both the prosecuting and defending legal teams must provide proof relevant to the case. If they present evidence that detracts from the focus of the case, a judge may declare a mistrial.

Under the judge’s reasoning for a mistrial, the inappropriate evidence can adversely sway the jury from a decision that aligns with the requisite facts and documentation.

Both prosecutors and defendants can select jurors from a pool of candidates. If either legal team chooses a candidate with prior knowledge of the case, they violate jury selection rules, which can result in a mistrial if the judge becomes aware of the situation.

Does a hung jury result in a mistrial?

Yes, a hung jury can result in a mistrial. A hung jury happens when jurors can’t reach a unanimous decision on the case. In most U.S. courts, jurors must all agree on the decision before announcing the claim results.

If some jurors disagree, a judge may order the jurors to prepare additional questions for the prosecutor or defendant to answer. The point of the questions is to give them further evidence to reach a unanimous agreement.

If the prosecutor’s and defendant’s answers don’t resolve the juror’s disagreement, the judge will likely declare a mistrial.

Criminal proceedings that end in a mistrial can result in an acquittal of the defendant. An acquittal results in a complete dismissal of the case, and the defendant can move on with their life.

However, prosecutors can choose to pursue a new trial against the defendant or provide an option for a plea bargain. They are under no obligation to dismiss the charges against the defendant.

Usually, prosecutors will only drop their charges if they believe the expense of a new trial outweighs the benefits or if they don’t think they’re likely to succeed in winning the case.

Does the defendant benefit from a mistrial?

Yes, a mistrial can benefit the defendant in certain situations.

First, the prosecutor or plaintiff may drop the charges against the defendant. If they drop the charges, the defendant is free from further legal activity concerning the original claim.

In a criminal case, the prosecutor may offer a plea bargain to avoid the expense of a second trial. A plea bargain may include more favorable arrangements for a defendant, like reduced fines or probation instead of jail time. If the case against the defendant is solid, accepting a plea bargain after a mistrial can benefit them.

Finally, there are specific instructions that both legal teams must follow if the prosecutor decides to pursue a second trial. If the prosecutor makes a mistake, the defense can quickly call their activities into question, which can negatively impact the outcome of the second trial.

Mistrials are usually avoidable if everyone involved in the legal proceedings handles their responsibilities appropriately. A mistrial is unavoidable only when a participant in the proceedings dies or unexpectedly contracts a serious illness that prevents them from continued participation in the case.

Avoid going to trial in your debt collection lawsuit

If you’ve been sued for a debt, there is a chance you will have to go to trial to fight the case. Going to trial is still better than ignoring the case and losing by a default judgment, but there are ways to avoid going to court altogether.

Here are some options that will help you avoid a trial in your debt collection lawsuit:

  • Respond to the case with a strong Answer. You must respond to your lawsuit before your state’s deadline, or you will lose automatically. Draft a strong response where you reply to each claim against you and assert your affirmative defenses. Be sure to send a copy of it to the opposing attorney after filing it with the court. Most debt collectors file lawsuits in the hopes that you’ll ignore it and lose by default. Responding with an Answer document automatically increases the chances of winning your case, as many collection agencies would rather drop the case than continue litigation.

  • File a Motion to Compel Arbitration into the case. If you are being sued for credit card debt, check the card agreement for an arbitration clause. If there is one, filing a Motion to Compel Arbitration can push your case out of court and into arbitration. The arbitration process is much less intimidating than presenting your case in court, and it’s usually really expensive for the creditor, who is usually responsible for all arbitration costs. This legal document can help you avoid court and even get the case dropped.

  • Make an offer to settle the debt. You might have enough money saved to pay off some, or all, of the debt you owe. If this is the case, consider settling your debt before you have to go to court. Debt settlement is a great way to help you save money (most debt collectors are willing to settle for less than the original debt amount) and help you get back on track financially.

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SoloSuit can help you with each of these options. Our Answer document takes minutes to complete online, and you can customize it to fit the circ*mstances of your case. Our Motion to Compel Arbitration is also customizable and helps you push your case out of course and into arbitration. Finally, our Debt Lawsuit Settlement Letter can help you start the negotiation process with debt collectors to reach a debt settlement.

Use SoloSuit to respond to a debt collection lawsuit and increase your chances of winning the case.

Check out this video to learn more:

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

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I am an expert in legal proceedings and trial processes, well-versed in the intricacies of mistrials and their implications. With a deep understanding of the legal system, I can provide insights into the nuances of court proceedings and the factors that lead to mistrials. My expertise is based on extensive knowledge of legal principles, trial procedures, and the dynamics that can impact the outcome of a case.

Now, let's delve into the concepts mentioned in the article:

  1. Mistrial Definition:

    • A mistrial occurs when significant errors during court proceedings adversely impact the outcome of a case, leading the judge to declare the trial invalid.
  2. Causes of Mistrial:

    • Unavailability of Participants: Mistrials can result from the unavailability of key individuals, such as a jury member's death or the sudden illness of the defendant.
    • Juror Misconduct: Actions by jurors, like discussing the case outside the deliberation room or interacting with the media, can lead to mistrials.
    • Evidence Issues: Inappropriate presentation of evidence by legal teams that deviates from the focus of the case may prompt a mistrial.
    • Jury Selection Violations: Selecting jurors with prior knowledge of the case violates rules and can result in a mistrial.
  3. Hung Jury:

    • A hung jury, where jurors cannot reach a unanimous decision, can lead to a mistrial. Attempts are made to resolve disagreements, but if unsuccessful, a mistrial may be declared.
  4. Outcomes of Mistrials:

    • Mistrials can result in an acquittal for the defendant, leading to a complete dismissal of the case.
    • Prosecutors may choose to pursue a new trial or offer a plea bargain to the defendant, depending on the circ*mstances.
  5. Benefits for the Defendant:

    • Defendants can benefit from mistrials as charges may be dropped, or they may receive more favorable plea bargains.
    • Mistrials can expose mistakes by the prosecution in subsequent trials, potentially influencing the outcome.
  6. Avoiding Mistrials:

    • Proper handling of responsibilities by all involved parties in legal proceedings can usually prevent mistrials.
    • Mistrials become unavoidable only in cases of unexpected participant issues, such as death or serious illness.
  7. Debt Collection Lawsuit and SoloSuit:

    • The article suggests using SoloSuit's services to respond to a debt collection lawsuit, highlighting the importance of timely responses to avoid default judgments.
    • SoloSuit provides tools like an Answer document, Motion to Compel Arbitration, and Debt Lawsuit Settlement Letter to help individuals respond effectively.
  8. Options to Avoid Trial in Debt Collection Lawsuits:

    • Responding to the lawsuit with a strong Answer is recommended to increase the chances of winning the case.
    • Filing a Motion to Compel Arbitration can move the case into arbitration, which may be less intimidating and costly for the debtor.
    • Settling the debt through negotiations or accepting a plea bargain after a mistrial can benefit the defendant.
  9. SoloSuit's Services:

    • SoloSuit's Answer service and Motion to Compel Arbitration are highlighted as user-friendly tools for responding to debt collection lawsuits.
    • The article emphasizes SoloSuit's role in simplifying the legal process for individuals facing debt-related legal challenges.

In conclusion, mistrials are complex legal outcomes influenced by various factors, and SoloSuit offers practical solutions for those dealing with debt collection lawsuits.

Mistrial — A Definition | SoloSuit Blog (2024)

FAQs

What is a mistrial simple definition? ›

A mistrial occurs when a jury is unable to reach a verdict and there must be a new trial with a new jury; or there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a decision on the merits and awards a new trial.

Does a mistrial mean innocent? ›

This means that the prior proceedings are no longer valid, and the process for a new trial must begin with the same parties and charges but a new jury (if there is a jury). Because a mistrial is neither a finding of innocence or guilt, a prosecutor in a criminal case can decide to retry the defendant.

What is the most common reason that a judge declares a mistrial? ›

A deadlocked jury is a common reason for declaring a mistrial when the jurors cannot agree over the defendant's guilt or innocence.

Is a mistrial good or bad? ›

Once the trial begins, it is not a done deal that it will end with a guilty or not guilty verdict. Mistrials, which are where the trial ends without a verdict, are rare, but they are sometimes the most appropriate option from the perspective of justice.

What happens in a mistrial? ›

mistrial, in law, a trial that has been terminated and declared void before the tribunal can hand down a decision or render a verdict. The termination of a trial prematurely nullifies the preceding proceedings as if they had not taken place.

What does a mistrial lead to? ›

A mistrial, in essence, temporarily leaves the case in limbo until decisions can be made about how and when to move forward. Depending on what prompted the mistrial, most cases will be retried again at a later date. This can benefit the defense.

Why is a mistrial good for defense? ›

A mistrial can significantly impact subsequent trials for the defendant. It provides an opportunity for the defense to reassess the strengths and weaknesses of their case and develop a stronger strategy for the retrial.

Can you be tried again after a mistrial? ›

When a mistrial is declared due to a hung jury, jeopardy does not automatically terminate in United States courts. Therefore, the prosecution may decide to try the case all over again from the beginning without this being considered double jeopardy.

Does the defendant go free in a mistrial? ›

Is a Defendant Released After a Mistrial? While a mistrial may terminate a current criminal case, it does not guarantee an acquittal for the defendant. If a case results in a mistrial, the prosecution may decide to refile the case after rectifying any procedural or clerical errors.

Why is a mistrial bad? ›

The problem with mistrials is that it can bring into account double jeopardy, which means the defendant cannot be tried for the same crime twice. However, there are a few rules that will allow for a retrial.

How many times can a mistrial be retried? ›

The state or government can retry a case as many times as they want after repeated mistrials. (Which is the official result of a hung jury). However, most times, if the state or government retrys a case once after a mistrial, then there is a second mistrial, they usually decline subsequent attempts.

What must the prosecutor do next if a trial results in a mistrial? ›

A mistrial doesn't necessarily mean the end of the case. In fact, in most cases, the prosecutor will be allowed to retry the case. Retrying a case, however, involves significant resources and may result in the parties negotiating a plea deal to avoid another trial.

Why do lawyers like mistrials? ›

The reason we look at a mistrial as a win is because our client's fate is not finally decided. Additionally, we get to see how the prosecutor plans on trying his case, the tone of the case, and, often, how the prosecution is going to characterize and use evidence.

What are the benefits of a mistrial? ›

In cases where a mistrial is declared, a common course of action involves scheduling a retrial at a later date. This situation can work to the advantage of the defense, prompting prosecutors to reassess their case and potentially leading to a more favorable outcome.

Do you stay in jail after a mistrial? ›

A mistrial does not automatically get you out of jail, but it might change your circ*mstances. A mistrial occurs when a verdict cannot be reached for some reason. In the event of a mistrial, the terms and conditions of your bail will continue. A mistrial does not automatically alter your bail.

Does a mistrial mean the defendant goes free? ›

Is a Defendant Released After a Mistrial? While a mistrial may terminate a current criminal case, it does not guarantee an acquittal for the defendant. If a case results in a mistrial, the prosecution may decide to refile the case after rectifying any procedural or clerical errors.

How is a mistrial caused? ›

A “mistrial” occurs when the facts and evidence in play no longer enable a verdict of “guilty” or “not guilty.” This can occur in many ways: The jury is unable to reach a verdict. The criminal justice system of the US requires a defendant to be proven guilty by a jury of their peers in a court of law.

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