A mistrial is declared when the jurors in a criminal trial can not come
to an unanimous decision. Most clients believe that if a judge declares
a mistrial their case is over. This could not be further from the truth.
Essentially, the case goes back to the start position. All the parties
involved must determine how they want to go forward with the case. One
of three things will happen. Either, the prosecutor will dismiss the charges,
a plea agreement may be reached, or another trial will take place in the future.
If another trial takes place a transcript of the entire trial should be
reviewed so that the witnesses' testimony is locked in for the subsequent
trial. Nevertheless, a new trial could backfire since both sides will
know the testimony of the witnesses . Typically, a new trial is viewed
as a negative for the accused because the prosecutor knows the entire
defense and can properly prepare for it the second time around.