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.

Is a mistrial good or bad for the defendant?

A mistrial may be a good thing or a bad thing, depending on how you decide to look at things. Mistrials can occur in several ways, including prosecutorial misconduct and anything that might unfairly prejudice a jury, like walking the defendant into the courtroom in handcuffs.

Is a mistrial a verdict?

A criminal trial does not always end with a guilty or a not guilty verdict. Sometimes, a mistrial is declared. A mistrial is a trial that has essentially been deemed invalid due to an error that occurred in the proceedings or because the jury was unable to reach a consensus regarding the verdict.