New Jersey Criminal Cases & Mistrials

A mistrial in a New Jersey criminal case can be a confusing and frustrating experience. It signifies that the trial has ended prematurely without a verdict, leaving the defendant in a state of legal limbo. However, a mistrial doesn’t necessarily mean the case is over. It’s crucial to understand the reasons why mistrials occur, the potential consequences, and the options available to you if your case ends in a mistrial.

Brett M. Rosen, Esq., is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by approximately less than 1% of attorneys in New Jersey. He has extensive experience and can help you or your loved one in navigating the complexities of mistrials in New Jersey. We’re committed to protecting your rights and guiding you through this challenging legal terrain. Contact us today for a free consultation at 908-312-0368.

What is a Mistrial?

A mistrial is a legal ruling by a judge declaring that a trial cannot continue or that a jury cannot reach a unanimous verdict. It essentially nullifies the trial, as if it never happened. This means the defendant is neither convicted nor acquitted.

Common Causes of Mistrials in New Jersey

Several factors can lead to a mistrial in a New Jersey criminal case. Some of the most common causes include:

• Hung Jury: This occurs when the jury cannot reach a unanimous verdict after deliberation. Despite the judge’s instructions and efforts to encourage a consensus, the jurors remain deadlocked.
• Juror Misconduct: If a juror engages in misconduct, such as discussing the case with outside parties, conducting independent research, or expressing bias, it can compromise the integrity of the trial and lead to a mistrial.
• Prosecutorial Misconduct: If the prosecutor engages in improper behavior, such as making inflammatory statements, introducing inadmissible evidence, or withholding exculpatory evidence, it can prejudice the jury and result in a mistrial.
• Witness Misconduct: A witness who makes inappropriate statements, refuses to answer questions, or behaves disruptively can also cause a mistrial.
• Evidentiary Issues: If inadmissible evidence is presented to the jury, or if crucial evidence is withheld or improperly handled, it can create grounds for a mistrial.
• Death or Illness: The death or serious illness of a juror, attorney, or the judge can necessitate a mistrial.
• Prejudicial Publicity: Extensive media coverage that creates bias or influences the jury’s perception of the case can lead to a mistrial.
• Procedural Errors: Significant errors in the trial process, such as improper jury instructions or violations of the defendant’s constitutional rights, can also result in a mistrial.

Consequences of a Mistrial

The consequences of a mistrial can vary depending on the circumstances of the case and the reason for the mistrial.

• Retrial: In many cases, the prosecution can choose to retry the defendant after a mistrial. This means the entire trial process starts over, including jury selection, witness testimony, and presentation of evidence.
• Dismissal of Charges: In some instances, the prosecution may decide not to pursue a retrial, especially if the mistrial was caused by prosecutorial misconduct or a lack of evidence.
• Plea Bargain: A mistrial can sometimes lead to renewed plea bargain negotiations, as both the prosecution and defense may be more willing to compromise after experiencing the uncertainty of a trial.

What to Do if Your Case Ends in a Mistrial

If your New Jersey criminal case ends in a mistrial, it’s essential to:

• Consult with Your Attorney: Your attorney will explain the reasons for the mistrial, the potential consequences, and your legal options.
• Understand Your Rights: You have the right to remain silent, the right to an attorney, and the right to a fair trial.
• Consider Your Options: Depending on the circumstances, your options may include a retrial, plea bargaining, or seeking dismissal of the charges.
• Prepare for the Future: If a retrial is likely, your attorney will help you prepare your defense strategy and gather evidence.

Defenses in New Jersey Criminal Cases

Even if your case ends in a mistrial, the underlying criminal charges remain. It’s crucial to have a strong defense strategy in place to protect your rights and achieve the best possible outcome. Some common defenses in New Jersey criminal cases include:

• Lack of Evidence: The prosecution has the burden of proving your guilt beyond a reasonable doubt. If the evidence is weak or circumstantial, your attorney can challenge it and argue for an acquittal.
• Alibi: If you have an alibi, meaning you were somewhere else at the time of the alleged crime, this can be a strong defense.
• Self-Defense: If you were acting in self-defense to protect yourself or others from harm, this can be a valid defense.
• Duress: If you were forced to commit a crime under threat of harm, you may have a duress defense.
• Entrapment: If law enforcement induced you to commit a crime that you wouldn’t have otherwise committed, you may have an entrapment defense.
• Insanity: If you were suffering from a mental disease or defect at the time of the crime that prevented you from understanding the nature and quality of your actions, you may have an insanity defense.
• Intoxication: Involuntary intoxication, where you were unknowingly drugged or given alcohol against your will, can sometimes be a defense.
• Mistake of Fact: If you made a mistake about a crucial fact that negates an element of the crime, you may have a mistake of fact defense.

Frequently Asked Questions (FAQs) about Mistrials in New Jersey

1. What is the difference between a mistrial and a hung jury?

A hung jury is one specific cause of a mistrial. A mistrial is a broader term that encompasses various reasons why a trial may end prematurely.

2. Can I be retried after a mistrial?

Yes, in most cases, the prosecution can retry you after a mistrial, unless the mistrial was caused by prosecutorial misconduct or double jeopardy applies.

3. What is double jeopardy?

Double jeopardy protects you from being tried twice for the same crime. However, a mistrial generally doesn’t trigger double jeopardy, allowing for a retrial.

4. How long does a jury have to deliberate before a mistrial can be declared?

There’s no set time limit for jury deliberation. The judge has discretion to declare a mistrial if it becomes clear that the jury is hopelessly deadlocked.

5. Can I appeal a mistrial?

Generally, you can’t appeal a mistrial itself, but you can appeal any legal errors that led to the mistrial.

Additional FAQs

6. What are my chances of winning a retrial?

The outcome of a retrial depends on various factors, including the strength of the evidence, the effectiveness of your legal representation, and the composition of the new jury.

7. How can an attorney help me after a mistrial?

An attorney can explain your legal options, protect your rights, negotiate with the prosecution, and prepare your defense for a potential retrial.

8. What happens to the jury after a mistrial is declared?

The jury is dismissed and thanked for their service.

9. What if new evidence is discovered after a mistrial?

New evidence can be introduced in a retrial, potentially influencing the outcome of the case.

10. Can a mistrial affect my plea bargain options?

Yes, a mistrial can sometimes lead to more favorable plea bargain offers from the prosecution.

Why Should You Retain Brett M. Rosen, Esq. for Your Trial?

Facing a criminal trial can be one of the most stressful and daunting experiences of your life. The outcome can have a profound impact on your freedom, your reputation, and your future. That’s why choosing the right attorney to represent you is a crucial decision.

Brett M. Rosen, Esq. is a highly skilled and experienced criminal defense attorney with a proven track record of success in New Jersey courtrooms. Here’s why you should consider retaining him for your trial:

1. Extensive Trial Experience:

• Mr. Rosen has a deep understanding of trial procedures, rules of evidence, and courtroom strategies. He has successfully defended clients in a wide range of criminal cases, from DUI and traffic offenses to serious felonies.
• He is a skilled litigator who is not afraid to take a case to trial and fight aggressively for his clients’ rights.

2. Strategic Thinking and Preparation:

• Mr. Rosen meticulously prepares for every trial, leaving no stone unturned. He conducts thorough investigations, analyzes evidence, and develops compelling arguments to present to the jury.
• He anticipates the prosecution’s tactics and crafts effective counter-strategies to protect your interests.

3. Strong Communication and Advocacy:

• Mr. Rosen is a persuasive communicator who effectively conveys his clients’ stories to the jury. He presents evidence clearly and concisely, and he passionately advocates for your innocence or mitigation of charges.
• He keeps you informed throughout the trial process, explaining legal complexities in plain language and ensuring you understand your options.

4. Compassionate and Client-Focused Approach:

• Mr. Rosen understands the stress and anxiety that come with facing a criminal trial. He provides compassionate support and guidance, treating you with respect and dignity throughout the legal process.
• He prioritizes your needs and goals, tailoring his defense strategy to achieve the best possible outcome for your unique circumstances.

5. Commitment to Excellence:

• Mr. Rosen is dedicated to providing the highest quality legal representation. He stays abreast of the latest legal developments and utilizes cutting-edge technology to enhance his trial preparation and presentation.
• He is committed to achieving justice for his clients and fighting tirelessly to protect their rights and freedoms.

6. Recognized Expertise:

• Mr. Rosen’s legal insights have been recognized by The New York Times, demonstrating his credibility and expertise in criminal law.

Contact Us Today for a Free Consultation

If you’re facing criminal charges in New Jersey or your case has ended in a mistrial, don’t hesitate to contact the Law Offices of Brett M. Rosen, Esq. We offer free and confidential consultations to discuss your situation and explain your legal options. We are here to help you navigate the complexities of the legal system and achieve the best possible outcome for your case.

Call us at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your consultation.