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Unpacking Mistrials in NJ Criminal Proceedings

Fundamentals of a Criminal Mistrial in New Jersey

Criminal trials in New Jersey are complex, some more than others. Most occur with both sides presenting their arguments and evidence, questioning and cross-examining witnesses, and preparing and executing all of the necessary steps from beginning to end, at which point the jury deliberates and verdict is rendered. However, some cases end in a mistrial.

Virtually anything that creates an unfair trial or places the integrity of the proceedings into question may prevent the proceeding from moving forward. Ultimately, a defendant is guaranteed a fair trial by law. When it is not fair, a mistrial is often the result. The potential motivations and precursors for a mistrial in a criminal case are vast and varied, as are the implications for what happens next. Knowing what can lead to a mistrial, what can potentially occur in a criminal case after a mistrial has been declared, and how to ensure that your interests are preserved and zealously advocated for is paramount when you have been charged with a crime in New Jersey.

Top Contributors to Mistrials

1. Someone Acted Improperly on Behalf of the Prosecution or Defense

Grounds for a mistrial vary, but one sure way to get one is through evidence of misconduct. Regardless of whether the prosecution or defense is responsible, misconduct occurs when an attorney breaks the rules and protocols of a criminal trial. So, when one side hides mistakes or information they must reveal to the court and opposing counsel, a judge may declare a mistrial.

For example, a prosecuting attorney must reveal evidence that potentially exonerates the defendant. When they fail to do so, the judge may declare a mistrial. Likewise, when a defense attorney’s client lies on the stand, and the attorney knowingly lets the testimony stand, a prosecutor may make a motion for a mistrial after discovering the false testimony. Moreover, attorneys must not make false statements in their opening or closing arguments.

2. The Jury Cannot Agree on Guilt or Innocence

The mistrial most people know is the hung jury, when the jury cannot reach a unanimous decision on guilt or innocence. By law, the jury must have a unanimous consensus of the entire jury panel to convict a defendant. Often, a challenging case involves many complexities that can leave a jury deliberating about the outcome for hours or days. Typically, the jurors discuss the evidence and eventually come to a decision, guilt or innocence. However, sometimes they cannot come to a unanimous decision. When the jury cannot unanimously vote one way or the other, the trial ends in a hung jury. At this point, the judge can call a mistrial.

3. Evidentiary Grounds

Many reasons may cause a mistrial, one of which involves evidentiary grounds. Testimony and other evidence may be grounds for a mistrial if there are fundamental issues that compromise the fairness of the proceeding. Both sides of a criminal case must present evidence to prove or disprove the state’s argument. However, not all evidence is admissible, meaning the jury should not see evidence that cannot be authenticated, is unnecessarily inflammatory, or is unlawfully obtained. The rules of evidence are laws that govern what is permissible in court and how it must be presented to show it is what it represents to be.

A jury’s consideration of inadmissible evidence is one instance of an unfair advantage and, therefore, an unfair trial of the defendant. Thus, evidence of a gun connected to a murder may be essential to the prosecution’s conviction in a homicide trial. However, if the police confiscated the gun from the defendant without a valid search warrant or without probable cause to conduct the search, the evidence should not be admissible. A defense attorney can file a motion to suppress the gun evidence. So, a mistrial may be necessary when the prosecutor presents the gun to the jury, even though the evidence should not be allowed to be introduced in court.

4. Surprise Evidence Emerging in the Middle of the Proceeding

Another example of what makes an unfair trial is surprise evidence midway through the trial. So, when both sides learn of new evidence that would affect the outcome of the trial, a judge may declare a mistrial to allow the prosecution and defense to prepare their cases considering the latest evidence.

5. A Key Party Cannot Participate or Continue

Attorneys on either side of a criminal case may also have prepared their cases differently had a witness failed to testify when scheduled. When a witness dies, disappears, or refuses to appear at trial as scheduled, the trial may be unfair to either side. The same grounds for mistrial arise when an attorney who has spent months or years preparing a case for trial but suddenly dies, falls ills, or otherwise becomes unable to participate in the case. In these scenarios, a mistrial may be appropriate to prevent unfairness.

6. Impropriety on the Part of a Juror

Juror misconduct is yet another reason to conclude a trial without a conviction or acquittal. Jurors have strict rules about their participation on a panel. They are sworn to secrecy about the case and must only listen to and consider the evidence and arguments presented in the courtroom. In other words, they cannot discuss the case with anyone nor read about it in the news. Otherwise, the trial may end in a mistrial once the defendant’s attorney discovers the misconduct.

7. Judicial Missteps

Not only do attorneys make mistakes about court rules and protocols, but judges also make mistakes that can alter a case’s outcome. A conviction or not guilty verdict may ride on a judicial mistake, for example, allowing inadmissible evidence or providing improper jury instructions during the trial. For example, when a judge gives jury instructions that include an incorrect legal definition or omits a legal definition the jury needs to know to make its decision, the jury may come to a different decision had they known the correct legal decision.

Other reasons for a mistrial include procedural errors and witness intimidation. The fundamental principle is that the proceeding is no longer fair and just and thus, it cannot or should not be allowed to continue.

When a Case Results in a Mistrial, Then What?

Understanding the consequences of a mistrial is critical. A defendant may not know whether to celebrate their freedom or cautiously await another trial. When a criminal trial ends in a mistrial, a defendant may prematurely assume that the entire case has concluded. However, the case may not be over after a mistrial. It is generally up to the state to determine whether the case is over or begins again. When the prosecutor on the case decides not to retry the case, the defendant is freed from the judicial system for that crime because the prosecution lets the charges go, and then the case is over.

However, when a mistrial leads to another trial, the whole process starts all over again, with a new jury, all the rights and protections afforded you the first time around. For example, a defendant still has the right to an attorney and a fair trial, following the same rules and procedures. Another possibility after a mistrial is an attempt to resolve the matter in plea negotiations.

A criminal defense attorney is crucial to a defendant’s understanding of their rights and options. Having counsel to prepare for the next steps and focus expectations is essential to resolving doubt and uncertainty.

How Does the State Decide Whether to Retry a Defendant?

Many factors influence the prosecution when deciding to retry the defendant or dismiss the case. One factor to consider is the reason for the mistrial. When the mistrial occurred because new information arose during the trial that neither party anticipated or because of jury misconduct, the prosecutor may try the case again, especially when the evidence against the defendant is strong. However, prosecutorial misconduct may result in a dismissal.

On the other hand, when the prosecutor’s evidence has weaknesses, especially if critical evidence is likely to be suppressed or witnesses are no longer available, the state may not revive the case for a second try. Another consideration is the nature of the crime and the resources necessary to retry the case. The prosecution may be more likely to retry the defendant when the charges are especially severe, for example, aggravated sexual assault, murder, or kidnapping. They may decide to negotiate or dismiss cases involving lesser crimes.

Finally, the prosecution may have no choice but to forego another trial. Preparing a trial and gathering evidence, witnesses, experts, and the like take time, human power, and resources. For this reason, a county prosecutor’s office may decide to agree to a plea bargain or to forgo a new trial if there are serious doubts about the potential to win.

What are the Benefits of a Retrial for Criminal Defendants?

With another shot at the defense, a lawyer has a clear roadmap from the first trial. They can avoid pitfalls, strengthen their direct and cross-examinations of witnesses, and better anticipate the prosecution’s case. The prosecution’s weaknesses and strengths at trial are no longer unknown, so a defense attorney knows how to play to the weaknesses. The biggest advantage is that the defense can come back stronger with a more honed strategy. Another outcome may be a more advantageous plea bargain. Rather than retry the case, the prosecutor may offer a plea deal for a lesser crime or less severe sentence.

Speak with a Criminal Defense Attorney to Protect Your Rights in South Jersey

Having strong legal guidance and representation from an experienced New Jersey criminal defense attorney at Proetta, Oliver, & Fay can help you throughout the criminal process. When your trial ends in a mistrial, our well-versed attorneys can explain what a mistrial is and the possible consequences, strategizing the various scenarios of the prosecutor dropping the case, negotiating a plea bargain, or retrying it. Our attorneys can also help you make critical decisions after a mistrial.

Ultimately, our team of experienced criminal defense attorneys can read the trial transcripts and try the case again, perhaps with a fresh perspective and the advantage of being the unknown variable in the new trial scenario. The assistance of our criminal defense lawyers cannot be understated when you have a chance to develop a revised strategy that better supports an acquittal. New evidence may help your case, and if so, we can ensure that you are in the best position to exploit that advantage. We can also advise you about whether to take a plea offer from the prosecution, help negotiate for a better deal, or pressure the prosecution to use their resources to retry the case if it serves your interests.

Contact our criminal defense team at your earliest opportunity for a free consultation. We are available anytime to provide clarity in your criminal matter, especially when a mistrial leaves you with more questions than answers.