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Joseph A. Lombardo

If your criminal trial is declared a mistrial, that doesn’t mean your troubles are over. In fact, criminal defendants can be retried after a mistrial in New Jersey.

Even if your criminal trial is declared a mistrial in New Jersey, you can still be retried. Mistrials do not equate to a not-guilty verdict. If the prosecution chooses, it can refile charges against you and try your criminal trial all over again. The likelihood of this happening largely depends on the reason for a mistrial and the charges against you. If you are retried after a mistrial, an experienced criminal defense attorney can use a prosecutor’s mistakes in an initial trial against them. Your lawyer can help you navigate the retrial process and clear your name of wrongdoing once and for all.

Our lawyers are here to help New Jersey residents facing criminal charges. For a free case evaluation with the Atlantic City criminal defense attorneys at the Lombardo Law Group, LLC, call today at (609) 418-4537.

Can I Be Retried After a Mistrial in New Jersey?

If a New Jersey judge declares a mistrial during your criminal trial, you may think all is well. While it may seem like a mistrial signifies the end of your legal woes, that’s not necessarily true. In New Jersey, criminal defendants can be retried after a mistrial.

Learning that you can go through an entirely new trial after a judge declares a mistrial can be confusing for New Jersey defendants who have heard of double jeopardy, which protects individuals from being tried for the same crime twice. In cases of mistrials, double jeopardy does not apply. That’s because your trial never actually concluded. A mistrial does not mean you are found not-guilty of the charges against you. Instead, it means that either the jury cannot decide on a verdict, or your Camden County criminal defense attorney filed a motion for a mistrial that a judge granted.

Because there was no conclusion to your trial, you can be retried after a mistrial in New Jersey. Essentially, that means the entire process can start again. Everything, from jury selection to witness testimony, will begin anew. This can be incredibly disheartening for defendants that are eager for their criminal trials to end. Suppose a judge declares a mistrial in your case, and a prosecutor decides to refile the charges. In that case, it’s important to have an experienced New Jersey criminal defense attorney by your side. Retrying a case is often difficult and requires a skilled lawyer to determine what went wrong the first time and address any issues head-on.

Will I Be Retried After a Mistrial in New Jersey?

Knowing that you can be retried after a mistrial in New Jersey is one thing. Learning whether you will be retried is another thing altogether. Going through another trial can be daunting for criminal defendants. To prepare yourself, it’s important to understand how likely it is that you will be retried after a mistrial in New Jersey.

Whether or not the prosecution will choose to retry the case against you after a mistrial will depend on several factors. For example, the reason for the mistrial matters. If the jurors that heard your case could not agree on a verdict, causing a judge to grant a mistrial, a prosecutor may be more inclined to refile the charges against you. A new jury means new biases, new people that a prosecutor can try to convince of your guilt.

If your mistrial was because of a mistake made by the prosecution, a second trial may be less likely. For example, suppose the prosecution made an error or acted inappropriately during the course of your criminal trial. Or, suppose a prosecutor’s actions impacted the jury’s ability to be impartial, and your Mays Landing criminal defense attorney filed for a mistrial based on those actions. In that case, the prosecution may be less likely to retry the case. Evidentiary issues being the basis for a mistrial may also lower your chances of being retried in New Jersey.

Will a Mistrial Impact My Retrial in New Jersey?

If your original criminal trial is declared a mistrial in New Jersey, that can affect your second trial if you are retried. Because of this, it is crucial that New Jersey defendants have an experienced criminal defense attorney by their side if they are retried after a mistrial.

Regardless of the reasons for a mistrial, it can either negatively or positively impact your second trial. It’s important that criminal defendants understand that a mistrial is not a not-guilty verdict. Even if a prosecutor’s actions caused the mistrial, that does not mean the second trial will favor you. After a mistrial, the prosecution has time to regroup, to prepare a different approach. A second trial is a clean slate for the prosecution, which can negatively impact a defendant.

That said, as long as you have the help of an experienced attorney, a mistrial can positively impact your second trial. For example, your skilled Egg Harbor Township criminal defense attorney can anticipate the prosecution’s arguments. Not only can your lawyer demonstrate your innocence to a new jury, but can do so with newfound insight into the prosecution’s case.

In the eyes of the jury and the judge, a mistrial and a second trial are unrelated. However, a second trial is an opportunity for a defense attorney to improve upon the initial one. Depending on the reason for an initial mistrial in New Jersey, your lawyer may be able to demonstrate to a prosecutor why retrying a case is unnecessary.

Call Our Criminal Defense Attorneys if You’re Being Retried in New Jersey

If your criminal trial is being retried after a mistrial in New Jersey, our lawyers can help. For a free case evaluation with the Linwood criminal defense attorneys at the Lombardo Law Group, LLC, call today at (609) 418-4537.

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