Mistrial vs Hung Jury: 3 Critical Differences That Affect Your Minnesota Case

Mistrial vs hung jury is one of the most misunderstood distinctions in Minnesota criminal law, and getting it wrong can cost defendants critical opportunities to protect themselves. Many people use the two terms interchangeably, but they actually describe different things. A hung jury is one specific situation where jurors cannot agree on a verdict, and it almost always leads to a mistrial. A mistrial is the broader legal category that includes hung juries plus many other reasons a trial can end without a verdict, like juror misconduct, attorney errors, or emergencies. The reason for the mistrial matters enormously because it determines whether the state can retry you, whether double jeopardy applies, and what your defense options are going forward. This guide breaks down the three most important differences between a hung jury and other types of mistrial in Minnesota, and what each means for the road ahead.

• What each term really means: A plain-English breakdown of hung juries versus mistrials as legal categories.
• Three critical differences: The specific ways these outcomes differ in cause, consequence, and defense strategy.
• What to do next: How Minnesota defendants can protect themselves after either kind of outcome.

Understanding the Terms in Plain English

The confusion between mistrial and hung jury starts with the fact that a hung jury is one type of mistrial, but not every mistrial involves a hung jury. Getting the terminology straight is the first step to understanding how your case will unfold.

What Exactly Is a Hung Jury?

A hung jury is a jury that cannot reach a unanimous verdict on one or more charges after extended deliberations. In Minnesota, criminal juries must be unanimous for a guilty or not guilty verdict, so even a single holdout juror can prevent the jury from reaching a decision. When the judge determines that further deliberation would be pointless, the judge declares the jury deadlocked and dismisses them. This deadlock is what triggers the mistrial. Hung juries are the single most common reason for mistrials in Minnesota criminal cases, especially in complex or serious cases like sexual assault, domestic violence, and first-degree drug offenses where the evidence is contested.

• Unanimity required: Minnesota criminal juries must reach a unanimous verdict.
• Any single holdout counts: One juror who disagrees can hang the entire jury.
• Extended deliberation first: Judges usually push juries to keep trying before declaring deadlock.
• Most common trigger: Hung juries account for the majority of criminal mistrials in Minnesota.

What Is a Mistrial More Broadly?

A mistrial is any court order ending a trial before a verdict for reasons that make a fair verdict impossible. Hung juries are one common cause, but many other things can trigger a mistrial. A juror may be caught discussing the case with a family member. A prosecutor may accidentally mention inadmissible evidence in front of the jury. A key witness may fall gravely ill during trial. A defendant or witness may have a mental health crisis in the courtroom. Any of these events can lead a judge to declare a mistrial. The reason for the mistrial matters because the legal rules that follow (especially the double jeopardy protections against retrial) depend heavily on why the mistrial was declared and who caused it.

• Broad category: Mistrials cover many different situations that end a trial early.
• Judge’s discretion: Trial judges have wide authority to declare mistrials when needed.
• Cause matters: The reason for the mistrial affects everything that happens next.
• Both sides can request: Prosecution and defense can both ask the judge for a mistrial.

3 Critical Differences Between Hung Juries and Other Mistrials

The three differences below are the ones that matter most for Minnesota defendants trying to figure out what happens next. Each one changes how the case unfolds and what defense strategies are available.

1. The Cause: Jury Deadlock vs Everything Else

The most fundamental difference is the cause. A hung jury results from the jurors themselves being unable to agree, which is a natural and expected part of the justice system when the evidence is close. Other mistrials result from something going wrong during the trial itself: attorney misconduct, juror problems, evidentiary mistakes, emergencies, or other disruptions that make a fair verdict impossible. This difference is important because it affects who is “responsible” for the mistrial. A hung jury is nobody’s fault; it just means the state failed to convince all 12 jurors beyond a reasonable doubt. Other mistrials often involve fault by someone, whether the prosecutor, defense, a juror, or an outside actor, and that fault sometimes creates opportunities for the defense to argue the case should be dismissed entirely.

• Hung juries have no cause: Deadlock just means jurors could not agree on the evidence.
• Other mistrials have specific triggers: Misconduct, mistakes, or emergencies cause the trial to end.
• Fault matters for defense: Prosecutor misconduct can sometimes bar retrial entirely.
• Timing of the mistrial: Hung juries happen at deliberation; others can happen at any point in the trial.

2. Double Jeopardy: When Retrial Is Blocked

The Double Jeopardy Clause of the Fifth Amendment and Article I, Section 7 of the Minnesota Constitution generally prohibit trying someone twice for the same offense, but the rule has important exceptions. After a hung jury, retrial is almost always allowed because the Supreme Court has held that jury deadlock creates the “manifest necessity” for a mistrial, and no one is at fault. After other kinds of mistrials, double jeopardy protection depends on who caused the problem. If the prosecutor intentionally caused a mistrial to “goad” the defense into requesting one (like when a case is going badly and the prosecutor wants a do-over), retrial can be barred entirely. The Minnesota Supreme Court confirmed this narrow rule in State v. Lerma (2025). Whether double jeopardy applies is one of the biggest questions after any mistrial, and only an experienced defense attorney can properly analyze the specific facts.

According to the Minnesota Office of the Revisor of Statutes, Rule 28.02, subdivision 2(2)(b)(3) of the Minnesota Rules of Criminal Procedure gives a defendant in a felony or gross misdemeanor case the right to appeal an order “denying a motion to dismiss a complaint following a mistrial, and the defendant claims retrial would violate double jeopardy,” providing a specific procedural path for defendants to challenge a proposed retrial when the mistrial was caused by prosecutorial misconduct.

• Hung juries almost always allow retrial: Deadlock is “manifest necessity” for mistrial.
• Prosecutorial misconduct can bar retrial: Intentional goading of the defense triggers double jeopardy.
• Judge misconduct also counts: Improper judicial actions can support a double jeopardy claim.
• Appellate review available: Denied double jeopardy motions can be appealed before retrial.

3. Strategic Position: Bargaining Power After Each Outcome

The third major difference is the strategic position of both sides going into the next round. After a hung jury, both the defense and the prosecution have detailed information about how the case played to a real jury, and the jury vote itself often reveals the strengths and weaknesses of the case. A 10-2 vote favoring acquittal puts the defense in a strong bargaining position and often leads to reduced charges, dropped counts, or dismissal of the case. After other kinds of mistrials, the strategic picture depends on what caused the mistrial. A mistrial caused by improperly admitted evidence may leave the defense with new suppression arguments for the next trial. A mistrial caused by a defense witness being unavailable may weaken the defense for round two. Understanding this strategic landscape is essential for making good decisions in the weeks after any mistrial.

• Jury votes matter: Split votes after hung juries reveal case weaknesses to both sides.
• Prosecutors weigh cost-benefit: Losing juries make prosecutors more open to plea deals.
• New defense arguments possible: Non-deadlock mistrials sometimes create new defense motions.
• Timing pressure: Both sides usually want to know the plan quickly to avoid stale evidence.

What Happens Practically in Minnesota Courts

Understanding how mistrials and hung juries actually work in Minnesota courtrooms helps defendants and their families prepare for what comes next. The process moves fast, and decisions made in the first few weeks can shape the outcome for months to come.

How Does a Judge Handle a Deadlocked Jury?

When the jury tells the court it cannot reach a verdict, Minnesota judges typically ask the jury to continue deliberating, sometimes reading them a special instruction called an Allen charge (or “dynamite charge”) that encourages further discussion without pressuring individual jurors to change their votes. If continued deliberation still fails to produce a verdict, the judge declares a hung jury and mistrial. The judge then dismisses the jury, and the parties come back to court for a hearing to schedule a retrial or to address any post-mistrial motions. Prosecutors typically have a short period to decide whether to retry the case, and the defense uses that window to gather information and negotiate. In Hennepin County District Court and other Minnesota courts, this whole process can happen within days of the initial deadlock.

• Allen charge first: Judges typically push juries to keep deliberating before declaring deadlock.
• Extended deliberations: Juries often deliberate for many hours or days before being declared hung.
• Formal declaration: The judge must formally declare the mistrial on the record.
• Fast follow-up: Post-mistrial hearings usually happen within days.

What Happens After Other Types of Mistrials?

Non-deadlock mistrials can happen at any point during a trial, from jury selection through closing arguments. The party seeking the mistrial (often the defense, but sometimes the prosecution or the judge on their own initiative) must show that the problem is so severe that no jury instruction can fix it and no fair verdict is possible. If the judge agrees, the trial ends immediately and the parties move to post-mistrial proceedings. The reason for the mistrial gets documented in the court record, which becomes critical if the defense later files a motion to dismiss on double jeopardy grounds. Defense attorneys often lay the groundwork for this kind of motion at the time of the mistrial by making a clear record of exactly what happened and who caused it.

• Any point in trial: Non-deadlock mistrials can happen from jury selection to closing arguments.
• Motion required: A party (or the judge) must move for or declare the mistrial.
• Severity standard: The problem must be beyond correction through jury instructions.
• Record matters: Documenting the cause of the mistrial is critical for future motions.

Frequently Asked Questions

Does a hung jury count as a win for the defense?

Not exactly, but it is a much better result than a conviction. A hung jury means the state failed to convince all 12 jurors beyond a reasonable doubt, which reveals weaknesses in the case that can be exploited in the next round. Many hung jury cases end up being dismissed, dropped, or resolved through favorable plea deals rather than a full retrial.

Can I be tried three or more times after multiple mistrials?

Yes, in theory. There is no absolute limit on how many times the state can retry a case after mistrials, though at some point continued retrials could violate due process. The Minnesota Supreme Court has upheld multiple retrials in some cases when each mistrial was properly declared. As a practical matter, prosecutors almost never pursue more than two trials.

How is a mistrial different from an appeal?

A mistrial ends the current trial before any verdict is reached, and the case then either goes to retrial or gets resolved some other way. An appeal happens after a conviction, when the defendant asks a higher court to review the trial for legal errors. Both can result in a new trial, but they arise at very different stages and involve completely different procedures.

Can I ask for a mistrial myself?

Your defense attorney can move for a mistrial on your behalf when serious problems arise during trial. Whether the motion is granted depends on the judge’s assessment of whether the problem is severe enough to make a fair verdict impossible. Requesting a mistrial is a strategic decision that should always be made with careful thought, because a mistrial you request may waive some of your later double jeopardy arguments.

What happens to the evidence between the first and second trial?

Physical evidence stays in the custody of the prosecuting agency or the court. Witnesses may be recalled, and testimony from the first trial can sometimes be used at the retrial if a witness becomes unavailable. Both sides typically preserve everything they used the first time around in case they need it again.

Do I still have to follow my release conditions after a mistrial?

Yes, all conditions of release including bail, no-contact orders, and travel restrictions typically remain in place after a mistrial and continue until the case is fully resolved. Violating those conditions can result in arrest and stricter terms before your next trial. If circumstances have changed, your attorney can move for modification of the conditions.

Move Forward Strategically With The Law Offices of Josh Johnson

Whether your case ended in a hung jury or another kind of mistrial, the days and weeks after the trial can shape whether you face another jury, negotiate a favorable plea, or walk away with the charges dropped entirely. The Law Offices of Josh Johnson represents Minnesota clients through mistrials, hung juries, and retrials across Hennepin, Ramsey, Dakota, Anoka, and Washington counties, applying detailed knowledge of the Minnesota Rules of Criminal Procedure and the state and federal Double Jeopardy Clauses to every case. Josh Johnson personally reviews the trial transcript, analyzes the jury vote when available, evaluates every possible double jeopardy motion, and negotiates aggressively with prosecutors who may be looking to avoid a second trial. If your case ended in a mistrial or hung jury and you are facing decisions about what comes next, contact The Law Offices of Josh Johnson today for a free, confidential consultation and find out exactly what defenses and strategies apply to your specific situation before the state makes its next move.