Thanks for visiting Federal Lawyers – managed by our lead attorney, a second-generation law firm with over 40 years of combined experience defending clients in criminal cases. A mistrial means the judge terminates the trial before verdict. The jury doesn’t reach a decision, the proceeding ends incomplete. Sounds like a win for defendants, right? Trial stopped, charges dismissed, you go home? Not remotely. Mistrials almost never mean dismissal – they mean do-over. Prosecutors get another chance to convict you, refine their strategy based on what failed the first time, patch the holes your defense attorney exploited. You’ve shown them your entire playbook, they’ve shown you theirs, and now they rebuild knowing exactly what to expect.

At Federal Lawyers – we’ve handled dozens of mistrials in New York courts. What clients never understand until it happens: mistrials favor the prosecution. You burned time, money, emotional energy preparing for trial. You revealed your defense theory, cross-examination strategy, expert witnesses, alibi evidence. Prosecutors take notes, identify what worked against them, come back stronger. Meanwhile you’re exhausted, possibly broke from legal fees, facing the same charges with a prosecutor who’s had months to prepare countermeasures.

Two Types – Only One Gets You Out

Manifest necessity means something made continuing impossible or fundamentally unfair: hung jury, juror misconduct, procedural error so severe the trial can’t continue. Judge declares mistrial, prosecution can retry you. No double jeopardy protection because there was no acquittal or conviction – the trial simply didn’t finish. You’re back to square one except prosecutors know your strategy.

Mistrial with prejudice means the trial ends and prosecutors can’t retry you. This almost never happens. Judges grant it only when the government caused the mistrial through intentional misconduct or gross negligence, and retrial would violate double jeopardy. Example: prosecutor deliberately triggers mistrial by mentioning inadmissible evidence in opening statement after judge explicitly ordered them not to. The prosecutor poisoned the jury intentionally to escape a losing trial and get a second chance. Court declares mistrial with prejudice – case dismissed, charges can’t be refiled. But proving prosecutorial intent requires showing they sabotaged their own case deliberately, which courts rarely find.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted NJ Bar Admitted Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You're sitting in the courtroom during your federal fraud trial when one juror mentions to another that they read a news article about your case. Your defense attorney immediately moves for a mistrial, and the judge declares one — but now you're wondering what happens next.

Does a mistrial mean my case is dismissed, or can the government try me again?

Attorney's Answer

A mistrial does not equal an acquittal, and in most circumstances the prosecution can retry your case without violating the Double Jeopardy Clause of the Fifth Amendment. Under the Supreme Court's ruling in Oregon v. Kennedy (1982), retrial is barred only when the government's intentional misconduct was designed to provoke the mistrial. If the mistrial resulted from jury misconduct, a hung jury, or procedural error — as appears to be the situation here — the prosecution retains full authority to bring you back to trial. Our firm would immediately begin negotiating from a position of strength, since prosecutors often offer more favorable plea terms after a mistrial rather than bear the expense of a second trial.

This is general information only. Contact us for advice specific to your situation.

Hung Juries

Jury can’t reach unanimous verdict after hours or days of deliberation – judge declares mistrial based on manifest necessity. Prosecutors retry the case. Why doesn’t this violate double jeopardy? Because supposedly the hung jury represents circumstances beyond anyone’s control, a “manifest necessity” that made completing trial impossible. But that’s often false. Juries hang for reasons prosecutors create: overcharging defendants with crimes they clearly didn’t commit, forcing jurors into all-or-nothing choices that produce deadlock. Charging murder when the evidence supports manslaughter at best – some jurors won’t convict on murder, some won’t accept the lesser charge, jury hangs. Prosecutors could have charged appropriately from the start, but overcharging gives them two bites at conviction. First trial hangs? They’ve learned which evidence persuaded jurors toward acquittal and which evidence supported conviction. Second trial they adjust – maybe they reduce the charge to what it should have been initially, offer different jury instructions, exclude certain defense evidence based on rulings from the first trial.