Last Updated on: 27th July 2023, 06:33 pm

What is a Mistrial in a Criminal Case? How to Find the Best Attorney to Get This Outcome

If you’re facing criminal charges, one potential outcome is the judge declaring a mistrial. Here is a comprehensive guide on what constitutes a mistrial, how to identify the best criminal defense attorney to obtain this result, smart questions to ask lawyers during consultations, and why skilled legal representation maximizes your chances.

What is a Mistrial?

A mistrial is when a judge stops a criminal trial before a jury verdict is reached. This ends the trial due to a procedural error or problem that prevents a fair trial from continuing. The case may be retried with a new jury, but the earlier mistrial cannot be held against the defendant.

Common reasons for mistrials include:

– Juror misconduct or bias
– Witness misconduct
– Improperly admitted prejudicial evidence
– Prosecutorial misconduct
– Deadlocked jury during deliberations

Defense attorneys motion for mistrials when problems arise. Judges may also declare them sua sponte.

Why Mistrials Help the Defense

Mistrials are considered wins for the defense because:

– The trial ends immediately upon declaration, before a potential guilty verdict
– It nullifies the entire proceeding, as if no trial occurred
– Prosecutors are blocked from using evidence or proceedings from the mistried case
– It forces the prosecution to fully retry the case if they wish to pursue the charges
– It gives defense counsel insight into the prosecution’s strategy and time to improve for the retrial
– Defendants avoid conviction and can negotiate better plea deals post-mistrial

Securing a mistrial is a strategic aim of defense lawyers when proceedings begin favoring the prosecution.

Finding the Best Lawyer to Obtain a Mistrial

Because mistrials require judges to halt trials mid-proceeding, they are difficult to obtain. You need an attorney experienced with motions practice and arguing for mistrials. Key attributes to seek:

1. Criminal Trial Experience

Look for a lawyer with significant jury trial experience and litigation skills. It takes courtroom savvy to identify potential grounds for mistrials. An attorney who rarely goes to trial may miss opportunities.

2. Knowledge of Mistrial Law

Verify your lawyer thoroughly understands the case law and judicial standards for granting mistrials in your jurisdiction. Their legal citations and arguments must be air tight.

3. Motion Practice Skills

Orally arguing a motion before a judge for a mistrial takes preparation and persuasive ability – especially mid-trial. Find a lawyer comfortable with motion practice.

4. Good relationships with Judges

The judge must be convinced a mistrial is legally warranted, even if it frustrates prosecutors. A lawyer who has built rapport with local judges has a better shot.

5. Opposition Research

Investigating the prosecution team’s background can uncover past misconduct, providing grounds to argue for a mistrial. Ensure your attorney will devote resources to this research.

Questions to Ask Lawyers During Consultations

Here are smart questions to ask prospective attorneys about obtaining mistrials:

– Approximately how many criminal trials have you litigated in this jurisdiction?

– How many times have you successfully argued for and obtained mistrials in past cases?

– What are the most common legal bases you’ve used to get judges to declare mistrials?

– Will you research the background of the prosecution team for any misconduct or credibility issues to support a mistrial motion?

– Are you willing and able to make oral motions before the judge while trial is underway if grounds for a mistrial arise?

– Do you have examples of your past oral arguments resulting in mid-trial mistrials?

– If I want a mistrial, will you shape trial strategies to increase the chances the judge grants this, such as questioning witnesses in certain ways?

– Are you confident you can persuade judges based on rapport and relationships you’ve developed in local criminal courts?

Get clear and direct answers that prove the attorney’s seasoned litigation experience and commitment to pursuing every option for a mistrial.

Why Legal Representation is Essential

Here are key reasons why hiring a criminal defense lawyer is necessary to have any shot at a mistrial:

1. Identifying Legal Grounds for Mistrial

Only lawyers thoroughly know procedural rules and legal precedent to identify potential bases for a mistrial like misconduct or inadmissible evidence.

2. Making Compelling Legal Arguments

Arguing a complex mistrial motion before a judge mid-trial requires court savvy and persuasive cases law citations.

3. Oral Advocacy Skills

Making arguments in real-time during court proceedings demands public speaking skills, poise under pressure, and ability to think on your feet – abilities most defendants lack.

4. Knowledge of Courtroom Procedures

Navigating proper protocols for making motions, arguing before judges, and objecting to evidence requires legal expertise.

5. Experience Litigating Jury Trials

Without trying criminal cases, lawyers won’t recognize prime opportunities to request mistrials. Extensive litigation experience is crucial.

6. Relationships and Rapport with Judges

Judges are more inclined to grant borderline mistrial motions from attorneys they know and trust. Hiring a respected local lawyer helps.

Don’t gamble with overworked public defenders or rookie lawyers. Engage an experienced criminal trial attorney who knows what it takes to persuade judges to declare mistrials in the heat of court proceedings. Contact my office today to assess your chances and options.