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A mistrial is when something happens during your case's trial that renders the trial invalid through some type of error.

For instance, if the jury can not come to a verdict, or if someone working on the trial did something or didn't declare something that is against the ethics of the court/law.

Example:Someone on the jury knew the defendant or plantif, or had a resentment or connection to the case or the law in general.

Or maybe one of the attorneys is doing something unethical, and etcetera.

You are NOT found innocent and/or the case is NOT dismissed if a mistrial is declared. It simply means the prosecution now has to start all over, and a new trial and jury has to be created, and is often now hindered greatly.

It is REALLY GOOD news if you're the one being charged in the trial (usually).

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13y ago

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What form do you use to file a mistrial brief in California?

The form that is used in the state of California to file for a mistrial brief is the manifest necessity. The most common cause for a mistrial is a hung jury.


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Yes, a mistrial does not mean he was found not guilty.


Can a lawyer force a defendant to declare a mistrial?

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Can you have more thae 1 mistrial?

Yes.


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If a mistrial has been declared, a new jury is seated if the prosecutor brings the case again.


Can you use the same evidence in a retrial after a mistrial has been declared?

Yes, in a retrial after a mistrial has been declared, the same evidence can typically be used again. However, it is important to note that the circumstances of the mistrial and any legal rulings may impact the admissibility of evidence in the retrial.


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10 yrs


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Can you use the same evidence in a mistrial as in the original trial?

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