what happens when there is a mistrial....is the case dropped or do they start a new or re-trial ?

Answer 1

I kind of think you are asking about California law. :)

If there is a mistrial, the case can be retried. There does not have to be a new filing, the case is tried on the current pleading. If the DA does not want to retry the case, the DA can ask the judge to dismiss it. The judge does not have to dismiss it if the judge does not want to, although a judge refusing to dismiss on motion of the prosecutor is very rare. The judge can also dismiss it on his own motion, which is more likely if there has been more than one mistrial.

If the judge dismisses without the prosecutor asking for it, the prosecutor can appeal the dismissal. Whether the prosecutor has asked for the dismissal or not, if it is a felony case which has not previously been dismissed, the prosecutor can still refile the charges. If the prosecutor asked for the dismissal, it is unlikely that the charges would be refiled unless new evidence was discovered.

Answer 2

After the judge declares a mistrial, it is up to the State's Attorney to decide whether or not the case will be re-tried. Unless the SA thinks they can win a re-trial, it is generally not worth the time and money to try a case again.

Answer 3

It is probable contingent on what caused the mis-trial. If the case had merit, they will probably choose to re-try. If law enforcement misconduct was the reason for the mis-trial, they may not.

Since you did not state what the grounds in the case were, it is hard to be certain.

If after presenting their evidence, it sounded better in the board room than the courtroom, this may also cause them to drop the case.

Keep in mind....unless the trial ends in a verdict, even if the case is dropped, if new evidence is found, it may be grounds to re-try the case.

Double jeopardy only comes into play if an actual verdict of not guilty has been handed down.

Answer 4

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RE:
what happens when there is a mistrial....is the case dropped or do they start a new or re-trial ?

Answer 5

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Not likely. In Florida, (as in most jurisdictions), the "2nd degree murder" charge is the maximum charge to which a jury could find Zimmerman guilty. The jury could also come back with "not guilty of second degree murder; guilty of manslaughter". So, the prosecutor gains nothing by dropping the charge to manslaughter, yet going forward with a trial. What is highly likely is that the prosecutor will offer a plea deal where the 2nd degree murder charge is dropped, in exchange for a "guilty" plea to manslaughter. In that case, there will never be a trial. Honestly, I hope that's what happens. We don't need another racially-charged, televised "trial of the century".

Answer 6

The DA has a choice whether they want to re-try the person or drop the charges and let the person go. It all depends on the evidence and whether the DA sees fit to spend all the money on a new trial.

Answer 7

In Cecil County MD “If jurors see the defendant in handcuffs, they think, ‘Well, he’s in handcuffs, so he must be guilty’,” opined Cecil County State’s Attorney. “It clearly tainted the jury.” After learning that jurors had seen his client in custody, the assistant public defender made a motion for mistrial and Cecil County Circuit Court Judge granted it. I thought a trial had to begin before a mistrial could be declared. Is Justice truly that blind?

Answer 8

What Is A Mistrial

Answer 9

It often depends on how severe the crime was to begin with. The DA always has the option to start over again

Answer 10

Depends on the prosecution. They can drop it or re-file charges and try again.