Mistrials are trials that are not successfully completed. They're terminated and declared void before the jury returns a verdict or the judge renders his or her decision in a nonjury trial.

Does the defendant go free in a mistrial?

In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.

What happens when a mistrial is declared?

When a mistrial does occur, the prosecution will generally have the right to bring a second trial, but they may choose not to if they do not want to use the resources to do so and/or if they believe they cannot win a conviction the second time around. Here are five common reasons mistrials occur.