Does the Defendant Go Free After a Hung Jury or Mistrial?

When a trial ends in a hung jury and becomes a mistrial, many assume the defendant walks free. This is not necessarily the case. The reality is more nuanced when a jury deadlock or another issue leads to a mistrial. The charges remain unresolved, and the prosecutor can move forward with the case.

Understanding what happens next can bring clarity to an otherwise stressful time. If you or a loved one is involved in a criminal jury trial, you will want the best advocate by your side. Contact an experienced criminal defense attorney in your area for legal guidance.

What Is a Hung Jury?

In a criminal case, a hung jury means a jury cannot reach the required unanimous decision after fully considering the case during deliberations. The jurors are deadlocked and cannot agree on guilt or innocence, so they cannot move forward with the case.

When the judge encounters a deadlocked jury, the judge may issue an instruction encouraging jurors to keep trying before declaring a deadlock. A hung jury is one of the most common reasons for declaring a mistrial.

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What Is a Mistrial?

A mistrial occurs when the judge ends the trial before the jury reaches a valid verdict. Common reasons for a judge to declare a mistrial include:

• A hung jury
• Procedural errors
• Juror misconduct
• Prejudicial events that compromise fairness

Although a mistrial resolves the current proceeding, it does not resolve the underlying charges. A mistrial is a recognized part of the legal process. When a mistrial occurs, it doesn’t mean the criminal justice system failed or that holdout jurors engaged in misconduct.

Does a Mistrial Mean the Defendant Won?

A mistrial does not equate to an acquittal or a victory for the defendant. Because the jury did not reach a verdict, the question of guilt or innocence remains unanswered. The court has not determined whether the defendant is criminally responsible beyond a reasonable doubt.

A mistrial does not equate to a “not guilty” verdict. A not-guilty verdict would permanently end the case. A mistrial leaves the matter unresolved; it does not result in a victory or a defeat.

Does the Defendant Go Free After a Mistrial?

A defendant does not necessarily go free after the judge declares a mistrial. After a mistrial, the case may be dismissed, but it could be reset, leading to a new trial.

In the interim following the mistrial and the decision on next steps, the defendant may remain in custody or be released on bail. It all depends on the circumstances of the case. The defendant should work with an experienced criminal defense attorney to better understand the options.

Can Prosecutors Try Someone Again After a Mistrial?

Prosecutors decide whether to retry someone after a mistrial or dismiss the case. The decision depends on several factors, including the following:

• The strength of the evidence
• The interests of justice
• The priorities and resources of the prosecutor’s office

Prosecutors can decide whether to dismiss the charges instead of pursuing a new trial. This decision is discretionary and can vary based on the case’s individual circumstances.

Why Isn’t a Retrial Double Jeopardy?

The Double Jeopardy Clause in the Fifth Amendment to the U.S. Constitution prevents a defendant from being tried twice for the same offense in a criminal case. In a jury trial, jeopardy attaches when the jury is empaneled and sworn, before any verdict.

A mistrial produces no final verdict. Whether retrying the case violates the Double Jeopardy Clause depends on why the mistrial was declared, and a hung jury generally permits retrial because the deadlock creates manifest necessity. Narrow exceptions may bar a retrial before a jury reaches a verdict, such as prosecutorial misconduct.

How Soon Can Another Trial Happen After a Mistrial?

The timing of a new trial varies widely. Any of the following can influence it:

• Court schedules
• Case complexity
• Jurisdiction
• Attorney availability
• Evidence review
• The number and complexity of pretrial motions

A new trial may take weeks or months to schedule. Having legal counsel can help explain trial procedure and set realistic expectations for the road ahead.

Can Prosecutors and the Defense Negotiate a Plea After a Mistrial?

In a criminal trial, a mistrial often opens the door to plea bargain negotiations. Both sides can reassess their positions after seeing how the first trial unfolded. A plea agreement can resolve the case without the cost and uncertainty of a second jury trial. This is where an experienced criminal defense attorney makes a difference. They can provide skilled negotiation and guidance.

Speak with a Criminal Defense Attorney

Because criminal procedure involves complex rules, tight deadlines, and stakes that can change lives, working with an experienced attorney can make a critical difference. They know the rules and can advocate for the best possible outcome as you move through the process.

Use the Super Lawyers directory to find an experienced criminal law attorney in your area today.