When you face criminal charges in New Jersey, you have the constitutional right to a fair trial. But sometimes circumstances can prevent a trial from reaching its proper conclusion. When this happens, the judge may declare a mistrial, stopping the proceedings before the jury can reach a verdict.
A mistrial can occur at any point before the verdict is returned when something fundamentally interferes with the fairness of a criminal trial. All experienced criminal defense attorneys have seen how various circumstances can lead to this situation. Understanding what causes a mistrial in a criminal case and its potential consequences can help you better understand your rights through the judicial process.
Main Reasons for a Mistrial
Several situations can lead a judge to declare a mistrial in New Jersey. Each of these circumstances represents a grave threat to the fairness and integrity of the trial process.
The Jury Can’t Reach an Unanimous Verdict
When jurors cannot agree on a verdict after extensive deliberation, we call this a “hung jury.” In New Jersey criminal cases, all jury members must agree on a verdict of either guilty or not guilty. If even one juror disagrees with the others and no amount of discussion can resolve the deadlock, the judge may have no choice but to declare a mistrial.
There Was Juror Misconduct
Jurors must follow strict rules throughout a trial. They cannot discuss the case with anyone outside the jury room, research the case independently, or visit locations related to the crime. If a juror breaks these rules, it can result in a mistrial.
One of the Attorneys Messed Up
Both prosecutors and defense attorneys must follow specific rules of conduct during a trial. Making improper statements during opening or closing arguments, introducing inadmissible evidence, or failing to disclose important information to the other side can all lead to a mistrial.
New Evidence Surfaces Mid-Trial
Sometimes, new evidence comes to light during a trial that neither side knew about beforehand. If this evidence would have changed how either side prepared their case, the judge might declare a mistrial. This ensures both sides have a fair opportunity to review and address the new information.
There’s a Problem with a Witness or Attorney
If a key witness becomes unavailable or passes away during the trial, it might prevent either side from presenting their case fully. Similarly, if an attorney or judge becomes seriously ill or unable to continue, this might require a mistrial.
The Judge Made a Serious Mistake
Even judges can make mistakes. If a judge gives incorrect instructions to the jury, allows inadmissible evidence, or makes other serious errors that could affect the trial’s outcome, these mistakes might lead to a mistrial. This is particularly true if the court cannot correct the error through additional jury instructions.
What Happens After a Mistrial?
Contrary to what many defendants assume, a mistrial does not automatically mean your case is over. The prosecution typically has the right to retry the case, though they may choose not to.
Several factors influence what happens after a mistrial, such as:
- The reason for the mistrial – If prosecutorial misconduct led to the mistrial, the state might face significant challenges in bringing a new case. Some forms of misconduct could even prevent a retrial altogether. On the other hand, if a mistrial occurred due to a hung jury, the prosecution often moves forward with a second trial.
- The strength of the evidence – Prosecutors must carefully evaluate their case before deciding to retry it. If the evidence was weak in the first trial or key witnesses are no longer available, they might choose not to pursue a second trial. This is particularly true if the jury had been leaning toward acquittal before the mistrial was declared.
- The seriousness of the charges – More serious charges typically receive more resources and attention from the prosecutor’s office. In cases involving violent crimes or significant public safety concerns, prosecutors are more likely to pursue a retrial. Less serious offenses might be resolved through other means after a mistrial.
- Available resources – Sometimes, practical considerations influence the decision to retry a case. The prosecution must weigh the time, expense, and staffing required for a second trial against other pending cases. In some instances, this might lead to more favorable plea negotiations.
If the prosecution decides to retry your case, you maintain all your constitutional rights, including the right to a fair trial and legal representation. Your attorney can use insights gained from the first trial to strengthen your defense strategy.
Some cases may end in a plea agreement after a mistrial. The prosecution might recognize the challenges in securing a conviction and offer a more favorable plea deal. However, you should never accept a plea agreement without first discussing your options with a knowledgeable New Jersey criminal defense lawyer.
Get in Touch with Our New Jersey Criminal Defense Attorneys
At the Law Offices of Jonathan F. Marshall, we understand how stressful criminal charges can be for you and your family. Our team of former prosecutors and public defenders brings unique insight into how the state builds and presents its cases. We use this knowledge to protect your rights and fight for the best possible outcome.
If you’re facing criminal charges in New Jersey or your case has resulted in a mistrial, we want to help. Our attorneys will:
- Review your case thoroughly
- Explain your legal options in clear terms
- Develop a strong defense strategy
- Fight to protect your rights at every stage of the process
- Work tirelessly to seek the best possible outcome
With so much at stake, you need a skilled and knowledgeable advocate on your side. One of our clients says their attorney was “not only approachable and easy to talk to but a skilled battler when it comes to court.” Contact us today for a free consultation with an experienced criminal defense attorney. Our team has over 200 years of combined legal experience, and we are ready to fight for your future.
