What Happens in a Mistrial? Legal Process Explained

If you are wondering “what happens in a mistrial,” it means the trial ends before a verdict is reached, so no guilty or not guilty decision is made, and the case may need to be retried from the beginning. At The Law Offices of Josh Johnson, we help clients navigate every stage of the criminal process, including trials, retrials, appeals, and post-conviction issues that can arise when a mistrial is declared. Understanding what a mistrial means, how it happens, and what your rights are afterward is essential to protecting your future and ensuring the best possible outcome for your case.

• A mistrial stops the trial before it concludes and declares it invalid.
• The decision does not clear or convict the defendant; it resets the case.
• After a mistrial, prosecutors usually decide whether to retry the case, and the defendant’s custody and bail status may change.

What Is a Mistrial?

A mistrial happens when something occurs during a trial that makes it impossible to reach a fair, valid verdict. Instead of continuing, a judge ends the trial and declares it void. The result is not an acquittal nor a conviction, it means the trial was invalid and must end.

Mistrials can occur in both criminal and civil cases.

4 Common Reasons a Court Declares a Mistrial

A mistrial may be declared for a variety of reasons. Some of the most frequent include:

1. Hung jury: when jurors cannot agree on a verdict (i.e., deadlock) despite deliberations, rendering a lawful, unanimous verdict impossible.
2. Jury misconduct: if a juror improperly researches the case, communicates outside the court about the case, or otherwise violates jury rules, fairness can no longer be maintained.
3. Prejudicial or improper evidence: if inadmissible evidence or statements are introduced, or attorney misconduct occurs (such as making improper remarks) that cannot be corrected simply by an instruction to the jury.
4. Unforeseen emergencies: such as the death or serious illness of a juror, attorney, or judge, or other events (natural disasters, major disruptions) that make continuation of the trial impossible.

In short: any error, misconduct, or event that undermines the fairness or integrity of the trial may prompt a mistrial declaration.

Who Decides: Judge or Attorneys?

A mistrial may be declared in one of two ways:

• One of the parties (defense or prosecution) may file a motion for mistrial if they believe the error or misconduct prevents a fair verdict.
• A judge may also declare a mistrial sua sponte (on their own), if the judge recognizes that due to misconduct, error, or another issue, the trial cannot proceed fairly.
• Before declaring a mistrial, courts will often consider whether the problem can be “cured” (for example, by giving jurors new instructions), or whether the prejudicial effect is so severe that a retrial is the only fair outcome.

What Happens Immediately After a Mistrial

When a mistrial is declared:

• The judge formally announces in open court that the trial is terminated.
• The jury is dismissed; jurors are released from service.
• The previous trial’s proceedings are treated as void; no verdict of guilty or not guilty is recorded.

At that point, the case returns to its pre-trial status. The prosecutor has the discretion to decide whether to retry the charges.

Can the Case Be Tried Again? What About Double Jeopardy?

Yes, a retrial is usually allowed. A mistrial does not count as a final judgment, so the protections of the Double Jeopardy Clause do not generally prevent a second trial.

That said, there are rare exceptions, for example, if the mistrial was declared because of intentional prosecutorial misconduct meant to “goad” the defense into asking for a mistrial, courts may sometimes bar retrial.

When retrial is allowed, the entire process starts over, with the selection of a new jury and the presentation of all evidence from the beginning.

Custody, Bail, and What to Expect While Awaiting Retrial

After a mistrial, whether the defendant is released or remains in custody depends on factors such as the severity of the charges, criminal history, danger to the community, and risk of flight. Judges may re-assess bail or conditions of release before setting a new trial date.

Why a Mistrial Happens: Common Scenarios

Here are some real-world types of situations that often result in mistrials:

• Deadlocked jury after long deliberations: common in complicated criminal cases where evidence is disputed.
• Juror misconduct: when a juror ignores court instructions and researches the case, talks about it outside the jury room, or engages in misconduct that undermines fairness.
• Admission of improper evidence or prejudicial statements: for example, testimony or remarks that the judge has ruled inadmissible that end up being heard by the jury.
• Death or incapacity of a judge, attorney, juror, or key participant during trial: sometimes trials must stop when a critical person becomes unavailable.

In each of these scenarios, a mistrial essentially hits “reset,” giving both sides a new opportunity, as if the first trial never happened.

What a Mistrial Means: And What It Doesn’t Mean

What it means:

• The trial is void, with no verdict.
• The case may be retried from the beginning.
• All prior jury selection, testimony, and evidence presented may or may not be used again, depending on court rulings.

What it does not mean:

• Not guilty or innocent: A mistrial is not an acquittal.
• Not guilty by default: The prosecution can choose to try again.
• End of the case (unless dismissed): Charges remain pending until the prosecutor drops them or the case is resolved.

Many people misunderstand that a mistrial gives the government another shot at conviction.

What This Means for You

If you are charged with a crime in Minnesota and your trial ends in a mistrial, it might feel like relief, but it is not a resolution. The case resets.

Because retrial is possible, you still face uncertainty about the ultimate outcome. Your custody, bail, or conditions of release might change temporarily.

But a mistrial can also present new opportunities: prosecutors may decide not to retry the case. Or your attorney may have learned enough from the first trial to negotiate a better plea deal or challenge the evidence more effectively in a second trial.

What to Do If a Mistrial Happens in Your Case

If a mistrial is declared in your Minnesota case, consider these steps:

• Consult immediately with an experienced criminal defense attorney, one who has handled retrials and understands how to challenge evidence or seek case dismissal.
• Be prepared for a possible retrial: expect new jury selection, opening statements, and a full presentation of the government’s evidence again.
• Discuss bail or release conditions proactively; the court may schedule a hearing to reassess your custody status after a mistrial.
• Gather and preserve all evidence, records, and notes from the first trial; this may be useful for negotiating or challenging the case.

Mistrial ≠ Victory — But Also Not a Loss

A mistrial is not a verdict; it’s a restart. It does not count as a win or a loss for the defendant. It simply means the trial couldn’t continue fairly, and the case is still alive.

If you or a loved one experiences a mistrial in Minnesota, it is critical to understand what that means for the next steps. The case may be retried in full, or the prosecution may decide to drop charges. Having the right legal representation can make a major difference in how things proceed.

If you need help navigating a mistrial, understanding your rights, or preparing for a retrial, consider reaching out to an experienced criminal defense attorney who understands Minnesota criminal procedure and how mistrials affect your situation.