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.
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.
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:
The judge only declares a mistrial if the problem is serious enough to prevent a fair trial.
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.
Following a mistrial, several steps occur:
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.
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.
| Outcome | Meaning |
|---|---|
| Mistrial | The trial ends without a final verdict. The defendant may face another trial. |
| Acquittal | The defendant is found not guilty. The case is over. |
| Conviction | The defendant is found guilty. Sentencing follows. |
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.
The defendant’s situation depends on the jurisdiction and circumstances of the case. They may:
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.
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.
| Term | What It Means |
|---|---|
| Hung Jury | The jury cannot reach the required unanimous verdict. |
| Mistrial | The trial ends without a valid final verdict. |
| Retrial | A possible new trial, if legally permitted. |
| Acquittal | The defendant is found not guilty. |
| Conviction | The defendant is found guilty. |
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.
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.
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.
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.
Prosecutors now decide whether to:
If the case is retried, it would begin from the jury selection stage with an entirely new jury.
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.
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.
A trial that ends before a verdict is reached, usually because of a hung jury, procedural error, or juror misconduct.
The most common cause is a hung jury. Other causes include juror misconduct, attorney misconduct, or serious procedural errors.
No. A mistrial is not a verdict. It does not mean the defendant is innocent.
Not necessarily. Prosecutors can choose to retry the case or pursue other legal options.
Yes, in most cases. A mistrial based on a hung jury does not trigger double jeopardy protections because no verdict was reached.
The judge may declare a mistrial. Prosecutors then decide whether to retry the case.
No. A hung jury describes the jury’s inability to agree. A mistrial is the termination of the trial due to that deadlock.
They may remain in custody and face a possible retrial or other legal proceedings.
A mistrial means no final verdict. An acquittal means the defendant is found not guilty.
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