When Can a Mistrial Be Declared?

If the jury cannot reach an unanimous decision for a guilty verdict – and also do not find the defendant to be not guilty – then this will be a hung jury and the judge can declare a mistrial.

Can a mistrial be declared after verdict?

Either the defense or the prosecution can ask that a judge declare a mistrial at any time between the time the jury is sworn in and the time a verdict is rendered. Sometimes, a judge may declare a mistrial on their own.

When can judge declare mistrial?

A judge may declare a mistrial for several reasons, including lack of jurisdiction, incorrect jury selection, or a deadlocked, or hung, jury. A deadlocked jury—where the jurors cannot agree over the defendant's guilt or innocence—is a common reason for declaring a mistrial.