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Does a mistrial mean that the charges will be dropped?

A mistrial is declared when the jurors in a criminal trial can not come to an unanimous decision.  Most clients believe that if a judge declares a mistrial their case is over.  This could not be further from the truth.  Essentially, the case goes back to the start position.  All the parties involved must determine how they want to go forward with the case.  One of three things will happen.  Either, the prosecutor will dismiss the charges, a plea agreement may be reached, or another trial will take place in the future. 

If another trial takes place a transcript of the entire trial should be reviewed so that the witnesses' testimony is locked in for the subsequent trial.  Nevertheless, a new trial could backfire since both sides will know the testimony of the witnesses .  Typically, a new trial is viewed as a negative for the accused because the prosecutor knows the entire defense and can properly prepare for it the second time around.

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