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What Happens If There Is a Mistrial? What It Means and What Comes Next

A mistrial means the current trial ends without a valid final verdict — but the case is not necessarily over. When a jury cannot reach a unanimous decision, as happened in the high-profile Lindsay Clancy trial in September 2026, the judge may declare a mistrial. Unlike an acquittal, which means the defendant is found not guilty, a mistrial is a procedural outcome that leaves the charges unresolved. Depending on the reason for the mistrial and the prosecutor’s decision, the case could be retried, result in a plea deal, or be dismissed.

What Is a Mistrial?

A mistrial is a trial that is not successfully completed and is declared void before a verdict is reached. According to the American Bar Association, a mistrial has no bearing on your case, present or future. A judge declares a mistrial when a legal error, juror misconduct, procedural issue, or jury deadlock makes it impossible to continue with the trial fairly.

It is important to note that a mistrial cannot be declared after a verdict is reached. The judge makes the final decision to declare a mistrial, often after either side requests it.

Key Point: A mistrial is a procedural reset, not a decision about guilt or innocence.

Why Does a Mistrial Happen?

Mistrials happen for a variety of reasons. The most common reason is a deadlocked jury, also known as a hung jury. However, other circumstances can lead to a mistrial:

  • Improper jury selection or juror misconduct: A juror might have a conflict of interest or discuss the case with the media.
  • Attorney misconduct: A lawyer might introduce improper evidence or make prejudicial statements.
  • Procedural errors: A serious error in court procedure could make a fair trial impossible.
  • Inability to continue: A juror or attorney might become ill, or the court might otherwise be unable to proceed.

The judge only declares a mistrial if the problem is serious enough to prevent a fair trial.

What Happens If the Jury Cannot Reach a Verdict?

When a jury cannot reach the required unanimous verdict, it is called a hung jury. In the Lindsay Clancy case, the jury deliberated for seven days over more than 35 hours before informing the judge they could not come to a unanimous decision.

If jurors are deadlocked, the judge often sends them back to deliberate further. In Massachusetts, this is done with a Tuey-Rodriguez charge, a special instruction encouraging jurors to reconsider their positions and work toward a unanimous verdict if they can do so conscientiously. Judge William Sullivan used this instruction in the Clancy trial.

If the jury remains deadlocked, the judge must declare a mistrial. The jury is then excused, and the trial ends.

What Happens Immediately After a Mistrial?

Following a mistrial, several steps occur:

  1. The Current Trial Ends: The proceedings terminate, and the jury is dismissed.
  2. The Court Addresses Pending Matters: The judge may hear motions from the defense or prosecution.
  3. Prosecutors and Defense Consider Options: The prosecution determines the next legal step. The defense files any appropriate motions.
  4. A Possible Retrial May Be Considered: Prosecutors decide whether to try the case again.

Can a Defendant Be Retried After a Mistrial?

Generally, yes. When a mistrial is declared because of a hung jury, prosecutors can choose to retry the case. This does not violate the constitutional protection against double jeopardy because no verdict was reached in the first trial.

Double Jeopardy Note: The protection against double jeopardy only applies after a valid verdict of guilt or innocence. A mistrial is not a valid verdict, so retrial is legally permissible.

However, if the mistrial is caused by prosecutorial misconduct intended to provoke a mistrial, a retrial may be barred. The specific reason for the mistrial matters.

Does a Mistrial Mean the Defendant Is Not Guilty?

No. A mistrial is not an acquittal. It does not mean the defendant is found not guilty. It simply means the trial ended without a verdict.

OutcomeMeaning
MistrialThe trial ends without a final verdict. The defendant may face another trial.
AcquittalThe defendant is found not guilty. The case is over.
ConvictionThe defendant is found guilty. Sentencing follows.

Does a Mistrial Clear the Defendant’s Name?

No. A mistrial does not exonerate the defendant. There was no verdict — no finding of guilt or innocence. The charges remain unresolved. The defendant’s legal status may be the same as before the trial, often with bail or custody conditions continuing.

What Happens to the Defendant After a Mistrial?

The defendant’s situation depends on the jurisdiction and circumstances of the case. They may:

  • Remain in custody or be subject to release conditions.
  • Return to court for further proceedings.
  • Face a possible retrial, where the trial process starts over with a new jury.
  • Be subject to additional motions or legal challenges.

What Happens to the Jury After a Mistrial?

The jury is dismissed after a mistrial. They do not decide the case’s outcome. Their deliberations are private and are not typically discussed in court documents.

What Happens to the Evidence?

The evidence does not automatically disappear. If the case is retried, both sides must present their evidence again. Attorneys may also challenge the admissibility of certain evidence before a new trial.

Mistrial vs. Hung Jury

TermWhat It Means
Hung JuryThe jury cannot reach the required unanimous verdict.
MistrialThe trial ends without a valid final verdict.
RetrialA possible new trial, if legally permitted.
AcquittalThe defendant is found not guilty.
ConvictionThe defendant is found guilty.

Mistrial vs. Acquittal

A mistrial does not determine guilt or innocence. An acquittal is a final determination of not guilty. Once a defendant is acquitted, they cannot be retried for the same offense.

Mistrial vs. Dismissal

A mistrial ends a trial, but the charges may continue. A dismissal means the charges are formally dropped, and the case is closed, at least temporarily.

What Happens If the Prosecution Wants a Retrial?

The prosecution can seek a retrial after a hung jury. In the Lindsay Clancy case, legal experts noted that prosecutors could try the case again, change the charges, or begin plea negotiations.

Boston defense attorney and former prosecutor Brad Bailey noted that prosecutors often view a hung jury as an invitation to retry the case, especially in serious felony cases.

Lindsay Clancy Case: Why the Mistrial Matters

The Lindsay Clancy trial ended in a mistrial on September 4, 2026, after the jury reported they could not reach a unanimous verdict. The jury deliberated for seven days, and at one point, there was a single holdout juror.

This mistrial means the trial ended without a verdict. Lindsay Clancy was not found guilty or not guilty. The case continues, pending a decision by the prosecution.

What Could Happen Next in the Lindsay Clancy Case?

Prosecutors now decide whether to:

  1. Retry the Case: Start over with a new jury.
  2. Offer a Plea Deal: Negotiate a resolution, possibly on lesser charges.
  3. Drop the Charges: Dismiss the case entirely.
  4. Change the Charges: Modify the charges to pursue a different legal strategy.

If the case is retried, it would begin from the jury selection stage with an entirely new jury.

Real-World Examples of Mistrials

Mistrials are not uncommon. In 2024, the high-profile Karen Read trial ended in a mistrial after the jury deadlocked. Legal experts noted that in such situations, the district attorney often decides to retry the case.

FAQs

What happens if there is a mistrial?

The current trial ends without a final verdict. The case may be retried, result in a plea deal, or be dismissed, depending on the prosecutor’s decision.

What is a mistrial?

A trial that ends before a verdict is reached, usually because of a hung jury, procedural error, or juror misconduct.

What causes a mistrial?

The most common cause is a hung jury. Other causes include juror misconduct, attorney misconduct, or serious procedural errors.

Does a mistrial mean not guilty?

No. A mistrial is not a verdict. It does not mean the defendant is innocent.

Does a mistrial mean the case is over?

Not necessarily. Prosecutors can choose to retry the case or pursue other legal options.

Can a defendant be retried after a mistrial?

Yes, in most cases. A mistrial based on a hung jury does not trigger double jeopardy protections because no verdict was reached.

What happens after a hung jury?

The judge may declare a mistrial. Prosecutors then decide whether to retry the case.

Is a hung jury the same as a mistrial?

No. A hung jury describes the jury’s inability to agree. A mistrial is the termination of the trial due to that deadlock.

What happens to the defendant after a mistrial?

They may remain in custody and face a possible retrial or other legal proceedings.

What is the difference between a mistrial and an acquittal?

A mistrial means no final verdict. An acquittal means the defendant is found not guilty.

Emily Carter

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