Mistrials in Los Angeles Criminal Cases

A mistrial in Los Angeles criminal cases is one of the most disruptive events that can occur in the judicial system. When a judge declares a mistrial, the case comes to a halt, the jury is discharged, and the trial results in neither a conviction nor an acquittal. For defendants and their families, this moment can feel like a breath-holding pause: the future is still uncertain, but valuable strategic opportunities often emerge if you know how to leverage them.

At Kraut Law Group Criminal & DUI Lawyers, we guide clients through every procedural twist of a mistrial, drawing on decades of courtroom experience and our managing attorney’s former career as a senior prosecutor with deep knowledge of the Los Angeles criminal process.

California requires unanimous jury verdicts in felony and misdemeanor trials. If the twelve jurors cannot agree, even after additional instructions and reasonable deliberation, the deadlock creates a “legal necessity” that opens the door to a mistrial. But a hung jury is only one path to this outcome. Errors, misconduct, or unforeseen emergencies can also derail a trial beyond repair. Understanding each path is crucial because the legal rules governing what comes next, especially whether the prosecutor can retry the case, depend in part on why the mistrial occurred.

Common Grounds for Declaring a Mistrial

• Deadlocked (hung) jury: When continued deliberation has no realistic chance of producing unanimity.
• Juror misconduct: Examples include independent research, social-media discussions, or undisclosed bias that comes to light mid-trial.
• Prejudicial statements by counsel: Inflaming the jury with inadmissible facts or disparaging remarks that no instruction can cure.
• Improper admission of evidence: When jurors have heard or seen material that the court later rules should have been excluded, and the prejudice is irremediable.
• Irregularities in the proceedings: A judge, lawyer, or witness becomes seriously ill; courtroom security incidents interrupt the trial; or a juror must be excused after all alternates have already been seated.
• Prosecutorial or police misconduct: Late disclosure of exculpatory evidence, tampering with witnesses, or intentionally provoking the defense into requesting a mistrial.

Each of these scenarios forces the court to weigh a defendant’s right to a fair trial against the public interest in reaching a final verdict. Where prejudice cannot be “unrung,” the judge must act to preserve the integrity of the process, making mistrials in Los Angeles criminal cases a critical safeguard for due process.

Deadlocked Juries: When Unanimity Cannot Be Reached

Judges in California have broad discretion to encourage further deliberation. They may:

• Remind jurors of their sworn duty to deliberate with an open mind.
• Provide additional clarifying instructions on the law.
• Re-read the testimony or admit stipulations to clear up factual confusion.

If, after taking these steps, the court finds no reasonable probability of agreement, a mistrial is declared. While the defendant walks out of court unconvicted, jeopardy has technically attached because the original jury was sworn. Whether the prosecutor is allowed to retry the case depends on complex rules of double jeopardy, consent, and “legal necessity,” which we explain below.

Misconduct and Irregularities That Jeopardize a Fair Trial

Los Angeles courts operate under intense media scrutiny. Jurors can be tempted to check headlines or social feeds for commentary on a high-profile case. Even a single Google search or stray tweet can infect deliberations with outside information. Likewise, attorneys under pressure to score rhetorical points may blurt out inadmissible character evidence or references to prior arrests. The shock value lingers in jurors’ minds, and no admonition can fully erase it. In such moments, an immediate motion for mistrial may be the only effective remedy, underscoring the crucial role mistrials play in protecting the fairness of proceedings in Los Angeles criminal cases.

Other irregularities occur without malicious intent, such as a witness collapsing, an earthquake halting proceedings, or a juror experiencing a family emergency. If alternates are exhausted, the Sixth Amendment right to a twelve-person jury is compromised. The judge must weigh whether continuing with fewer jurors, only possible if both sides consent, would harm the defense. Experienced counsel knows how to preserve appellate issues by objecting at the right moment and building a record of prejudice.

Strategic Considerations When Requesting a Mistrial

Because a successful defense motion waives certain double-jeopardy rights, deciding whether to seek a mistrial demands careful analysis. Kraut Law Group Criminal & DUI Lawyerse valuates factors such as:

• Strength of the prosecution’s case. If the state’s evidence collapsed on cross-examination, a deadlock may foreshadow an eventual acquittal on retrial.
• Availability of key witnesses. Will witnesses disappear, recant, or become less credible with time?
• Pre-trial rulings. Favorable evidentiary orders continue to apply in a new trial, while unfavorable ones can often be litigated again.
• Client’s custody status. A defendant out on bail may prefer the delay; one in custody may push for a verdict.
• Plea-bargain leverage. Prosecutors often reevaluate the risk calculus after a mistrial, opening the door to reduced charges or alternative sentencing.

Our role is to weigh these tactical variables against the emotional toll and financial cost of repeating a trial and to recommend the path that maximizes the chance of a favorable outcome.

What Happens After a Mistrial Is Declared?

Once the jury is discharged, the court schedules a status conference, at which the prosecutor announces whether the People intend to retry the case, offer a plea, or dismiss it. Meanwhile, the defendant’s custody or bail status is revisited. In many instances, judges are willing to reduce bail or release the defendant on their recognizance, especially if the original jury was likely to skew toward acquittal.

The prosecution’s decision is influenced by factors such as jury polls, juror interviews, and whether key evidence will be admissible the second time. In mistrials in Los Angeles criminal cases, the defense team should move quickly to collect post-trial statements that may support future motions or plea negotiations.

Double Jeopardy, Retrials, and Legal Necessity in California

Contrary to popular belief, a mistrial is not an automatic shield against a second prosecution. California recognizes two primary doctrines:

• Legal necessity. If a mistrial arises from events beyond the prosecution’s control (e.g., deadlocked jury, juror illness, judicial emergency), the state may generally retry the defendant.
• Prosecutorial overreach. If the People intentionally goad the defense into seeking a mistrial, double-jeopardy principles can bar a second trial.

Because proving intentional misconduct is challenging, experienced litigators focus on creating a meticulous record, including contemporaneous objections, motions for curative instructions, and, when appropriate, a request for dismissal with prejudice rather than a mistrial. The finer points of this doctrine can determine whether your case ends permanently or returns to square one.

How a Mistrial Affects Bail, Custody Status, and Plea Negotiations

• Bail review: The defense can argue that the prosecution’s inability to secure a conviction in mistrials in Los Angeles criminal cases demonstrates weaker evidence, justifying a reduction in bail or release under monitoring conditions.
• Speedy-trial rights: The clock resets, but judges often accommodate defense requests for time to investigate new angles, interview jurors, or consult experts.
• Plea bargaining: Prosecutors mindful of a split jury may offer significantly more favorable terms rather than risk another impasse. Creative resolutions, such as diversion programs or reduced strikes, often surface post-mistrial.
• Public perception: Media coverage of a mistrial can influence future jury pools. A skilled defense team will manage press inquiries and help protect your reputation during the interim.

Protecting Your Rights During a High-Stakes Retrial

If the case is set for a new trial, the defense has valuable hindsight:

• Analyze jury notes and polling: Identify points of confusion or doubt that can be emphasized.
• Refine witness examinations: Highlight testimony that swayed jurors toward not-guilty votes and close gaps that created uncertainty.
• Challenge evidence anew: Suppression motions can be revisited if the legal landscape shifts or if new information surfaces.
• Leverage expert testimony: Juror feedback often reveals which scientific or technical concepts need more straightforward explanation.

Our team combines prosecutorial insight and defense creativity to leverage every lesson from the first trial into a strategic advantage.

Why Experience Matters When Navigating a Potential Mistrial

As a former Deputy District Attorney who tried countless cases for the Los Angeles County District Attorney’s Office, Attorney Michael Kraut understands how prosecutors evaluate retrial decisions. He leverages this insider knowledge to anticipate the People’s next move, whether that is escalating charges, consolidating counts, or extending a favorable plea. The Kraut Law Group Criminal & DUI Lawyers’ track record in complex felony litigation demonstrates our commitment to meticulous preparation, persuasive storytelling, and relentless advocacy.

From filing time-critical motions to interviewing former jurors, we handle every detail so you can focus on rebuilding your life while the system resets. If a mistrial looms on the horizon, or has just been declared, swift action can make the difference between freedom and another uphill battle.

Speak With an Experienced Los Angeles Criminal Defense Team

A mistrial is not the end of the road; it is a pivotal juncture that demands informed, strategic choices. To discuss how our team can protect your rights and craft the strongest path forward, contact Kraut Law Group Criminal & DUI Lawyers anytime, day or night.

Call (323) 464-6453 or use our secure online contact form for a confidential, 24-hour consultation. Your defense begins the moment you choose experienced counsel committed to protecting your freedom and future.

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