Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

What is a Mistrial in a Criminal Case

By Spodek Law Group | July 17, 2023
(Last Updated On: July 27, 2023)

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.

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.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!