What happens if a mistrial is declared

The law can be said to be nullified in the trial at hand, but it is not nullified in the case altogether. However, many people colloquially use the term jury nullification to encompass this type of scenario. Functionally, a hung jury is far better for the defendant than a conviction.

Undoing a conviction is very difficult. An appeal is not guaranteed in the first place. It may not be legally permitted, the defendant may no longer have the financial resources to mount an appeal, etc.

Even when a defendant is able to appeal a conviction, that individual no longer enjoys the presumption of innocence. Return to FAQ. What We Do. Contact Bond James Bond today!

Bond, James Bond, Inc. We are always open - 24 hours a day, 7 days a week including holidays. We have 11 locations that are conveniently located to serve you better. Visit us at www. Bench Trial vs. What Is a Mistrial? If the criminal case is being tried in federal court, then the jury must reach a unanimous verdict this is also true of civil cases tried in federal court.

If the criminal case is being tried in state court, then it might be different. Almost every state, however, requires that the jury in a criminal trial reach a unanimous verdict. In the event of a hung jury, the judge may instruct the jury to deliberate further to see if they can reach a unanimous decision if given more time. In other cases, the judge may allow another hearing to be held where the jury is allowed to present a list of questions for the parties involved to answer.

Sometimes, a judge may go straight to declaring a mistrial. If more time or more information for the jury does not lead to a unanimous verdict, the judge may then declare a mistrial. After a mistrial has been declared due to a hung jury, the prosecutor has the option of considering how to proceed. There is some suggestion that the Crown seeking a mistrial to provide an opportunity to strengthen the case against the accused and cover for negligent preparations may be considered abusive and warrant a stay under s.

Where a mistrial is declared, the rulings on pre-trial motions will generally still apply if the prosecution is re-initiated. This section is considered a "departure from previous authority from the Supreme Court of Canada to the effect that a trial judge is not bound by interlocutory rulings made at an earlier trial".

Section This presumption to maintaining prior ruling can be rebutted on a balance of probabilities where it is in the "interests of justice". Rebuttal of the presumption can include considerations such as: [7].

A mistrial will not be ordered where the accused fires trial counsel mid-trial and the new counsel wishes to have re-done the trial in a different manner. There is no right to start over again with new counsel.