What Happens After a Mistrial in a Criminal Case in Ohio? 2025

What happens after a mistrial in a criminal case in Ohio? There are multiple scenarios that could lead to a declared mistrial in a criminal case. As the defendant, it is important to understand the possibility and effects of such circumstances before going to trial. In some cases, a Bedford criminal defense attorney may take measures to increase the chances of a mistrial being declared. Such topics can be discussed with your lawyer prior to going to court.

What Is a Mistrial?

There are multiple ways in which a mistrial may be declared. No matter the cause, a mistrial does not mean that your case is closed. Instead, it means that you will now face a new trial with a new jury and sometimes new evidence being presented. As the defendant, a mistrial can work in your favor. Some reasons why a mistrial may be declared are listed below.

Hung Jury

In some criminal cases, a jury may simply be unable to reach a verdict. This is often commonly referred to as a hung jury. In the United States, it is required that all jurors must unanimously agree on the verdict, whether guilty or not guilty. If even one juror disagrees, a mistrial can be declared.

Juror Misconduct

Juror misconduct is any behavior that violates the court’s instructions in a trial. Examples of such behavior include discussing the case with other individuals who are not fellow jurors, researching the case independently, and hiding information regarding their involvement in or relevance to the case.

Procedural Errors

There are numerous ways in which procedural errors can give grounds for a mistrial. Some of these include inadequately handling evidence, improper collection of evidence, errors on behalf of arresting police officers, and more. In some cases, procedural errors do not come to light until a case is in the process of being tried in court, which is when a mistrial can be declared.

Inadmissible Evidence

Inadmissible evidence is evidence that was illegally obtained or does not meet certain required standards. An example would be any evidence that was obtained unconstitutionally, such as without proper search warrants. In many cases, inadmissible evidence cannot be reintroduced in a new trial.

What Happens After a Mistrial Is Declared?

The state of Ohio reports that only 2.5% of all criminal cases ever go to trial. Out of the cases that do go to trial, many are complex and involve exorbitant amounts of detailed evidence. After a mistrial has been declared, the prosecution can decide upon three main courses of action:

1. Retry the defendant. If the prosecution is able to retain enough admissible evidence and is diligent in wanting to secure a guilty verdict, they may choose to retry the defendant. This is a common outcome of a mistrial, especially in instances involving jury misconduct or procedural errors.
2. Negotiate a plea bargain. In some cases, a prosecutor may not wish to bring the case back to court but still desires to obtain a win. In these cases, they may offer a plea bargain in exchange for a lessened sentence. This can be an option that allows both parties to avoid extra time and expenses spent on the same case.
3. Dismiss the charges. While many prosecutors do not choose to dismiss charges completely, it is a possible course of action. This is particularly true in cases where a mistrial has been declared in light of inadmissible evidence, leaving the prosecution with an insubstantial case.

FAQs

How Many Times Can You Be Tried After a Mistrial in Ohio?

There is no legal limit on the number of times an individual can be retried after a mistrial in Ohio. For individuals whose trial was stopped before a verdict was delivered, they may legally face future trials for the same charges until a verdict is reached. For those facing state criminal trials, the Cuyahoga County Common Pleas Court, located at 1200 Ontario St, Cleveland, OH 44113, is where all court proceedings are held.

Is a Mistrial Considered a Win By Defense Attorneys?

Whether a mistrial is considered a win by a defense attorney depends entirely upon the attorney and the specific case they are handling. In the case that the presented evidence against a defendant was inadmissible, it can be significantly helpful for such evidence to be kept out of future trials. Regardless, the declaration of a mistrial gives both the defendant and their attorney more time to strengthen their case.

What Happens If a Jury Is Deadlocked in a Criminal Trial?

If a jury is deadlocked or unable to come to a unanimous decision, in a criminal trial, a mistrial will be declared. Under such circumstances, the jury will be dismissed and the case will return to a pretrial state in which the prosecution will have the chance to decide whether to retry the case, dismiss the charges, or choose another option. If the prosecution decides to retry the defendant, a new jury will be selected.

Can Evidence Against Me Be Reintroduced After a Mistrial?

Oftentimes, evidence that has been declared as inadmissible and resulted in a mistrial cannot be reintroduced in a new trial. Suppose the cause of a mistrial was evidence that was unlawfully obtained or did not meet the required standards; such evidence will not be allowed in the future trial. However, there are rare instances in which evidence that was declared inadmissible may be reintroduced. Your defense attorney can prepare you for such instances.

Hire a Criminal Defense Lawyer: Fortress Law Group, LLC

If you have been charged with a criminal offense, it is essential to secure legal help as soon as possible. Criminal cases are time sensitive, meaning the sooner you act, the stronger your defense case can be. If your case has ended in a mistrial, it can be helpful to have an attorney’s guidance on what your next steps should be.

At the Fortress Law Group, LLC, we understand the complexities of life after your case has been declared a mistrial. There are likely many confusing aspects you are facing, all of which we can walk through together. You do not have to do any of this alone. Contact us today to hire a criminal defense lawyer and learn more about how we can help.

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