What Does a Mistrial Mean? If you’re asking what a mistrial means, the short answer is that a trial ended without a valid final decision. The affected claims or charges remain unresolved. A mistrial is not the same as a guilty verdict, an acquittal, or a dismissal. What happens next depends heavily on why the trial ended.
| Question | Short answer |
| What happened? | The current trial ended without a valid final resolution |
| Common reason | The jury could not reach the required verdict |
| Other reasons | Serious procedural errors, prejudicial evidence, or misconduct |
| Does it mean guilty? | No |
| Does it mean not guilty? | No |
| Can there be another trial? | Often, but the reason for ending the first trial matters |
| Who makes the final decision? | The judge |
Short answer: A mistrial ends a court proceeding before it reaches a valid final decision. It does not mean the defendant won or lost. The judge may order one because jurors cannot agree, serious misconduct occurred, or another problem made a fair outcome impossible. A new trial is often possible.
What Does a Mistrial Mean in Plain English?

Think of it as the court stopping the current trial because it cannot fairly produce a valid result. The judge does not decide that one side has won. Instead, the proceeding ends without a decision on the unresolved merits. A deadlocked jury, serious procedural errors, and misconduct are among the common reasons for declaring a mistrial. The same concept can arise in both criminal and civil cases.
That distinction matters. An acquittal resolves a criminal charge in the defendant’s favor. A trial that ends early for procedural reasons may leave the underlying dispute unresolved.
Why Can a Trial Be Stopped Before a Verdict?
A judge does not normally end a trial simply because something went wrong. Courts can often address smaller problems through instructions, excluding evidence, or other remedies.
More serious problems may make a fair result impossible. Common examples include:
- A hung jury. Jurors have deliberated but cannot reach the verdict required by law.
- Prejudicial evidence or statements. Jurors may hear information that should not have been presented and cannot fairly be disregarded.
- Juror misconduct. A juror may violate court instructions or engage in behavior that compromises impartiality.
- Serious procedural error. A problem in the proceedings may undermine the fairness or validity of continuing the trial.
- Other exceptional circumstances. An event may make it impossible to finish the proceeding fairly.
A prosecutor or a defendant can move for a mistrial, but the judge decides whether the circumstances justify ending the proceeding. In federal criminal court, the parties generally have an opportunity to state whether they consent to or object to the decision. They may also suggest alternatives.
What Happens After the Judge Ends the Trial?

The case does not automatically disappear. In many situations, another trial can be scheduled with a different jury. The parties may also reconsider how they want to proceed after reviewing what happened. A prosecutor might reconsider unresolved criminal charges. Civil litigants might return to negotiations instead of immediately proceeding to another trial. The exact options depend on the court, jurisdiction, and reason the proceeding ended.
A settlement is different from a court ending an incomplete trial. Readers interested in civil claims can also read Knosten’s discussion of the risks surrounding an early settlement decision after a car accident.
A Jury Can Reach a Partial Verdict
One often-overlooked point is that an entire criminal case does not always start over. In federal criminal cases involving multiple counts, jurors may return verdicts on the counts they agree on. If they cannot agree on other counts, the court can declare a mistrial on those unresolved counts. The government may then retry those particular counts.
For example, suppose a defendant faces three counts. The jury could acquit the defendant on one, convict on another, and deadlock on the third. The resolved verdicts may stand while the unresolved count receives separate treatment.
Can the Case Be Retried?
A retrial after a mistrial is often legally possible, especially when a jury was genuinely unable to agree. A hung jury is generally treated as grounds for another trial. Retrying a defendant after a hung jury does not automatically violate the Double Jeopardy Clause.
That does not mean every terminated criminal trial can automatically begin again. Courts may consider why the first proceeding ended, who requested the mistrial, whether the defendant objected, and whether there was sufficient legal justification for ending the proceeding.
Does Double Jeopardy Stop a Retrial?
Sometimes, but a mistrial alone does not automatically prevent another trial. The Fifth Amendment’s Double Jeopardy Clause protects criminal defendants against certain repeated prosecutions. A deadlocked jury normally falls within a recognized exception that permits another trial. Courts may describe the justification for some judge-ordered mistrials as “manifest necessity.” A genuine jury deadlock is a leading example.
The analysis may change when the defendant asks the judge to end the proceeding. Ordinarily, that request does not prevent another prosecution. One narrow exception applies when the prosecution deliberately provokes the defendant into requesting a mistrial.
Because these rules depend on specific facts, a real double-jeopardy dispute requires an analysis of the trial record and the law of the relevant jurisdiction.
Mistrial vs. Acquittal, Dismissal, and Hung Jury
These terms describe different events, even though news reports sometimes mention them together.
| Term | What it means | Is the case resolved? | Is another prosecution possible? |
| Mistrial | The current trial ends without a valid final decision on unresolved matters | Not necessarily | Often, depending on the reason |
| Acquittal | The defendant receives a not-guilty resolution on a criminal charge | Yes, for that charge | Generally barred for the same offense |
| Dismissal | A court terminates a claim or charge | Depends on the type and reason | Refiling or reprosecution depends on the ruling |
| Hung jury | Jurors cannot reach the required agreement | No verdict on the deadlocked issue | It often leads to a mistrial and possible retrial |
A hung jury is a jury that failed to return a verdict. It is not itself a finding of innocence or guilt. Prosecutors may decide whether to retry a case after a jury deadlock.
For more general legal reading, Knosten maintains a dedicated Law section covering court-related and rights-related topics.
What the Ruling Means for a Defendant

A mistrial does not result in a conviction on an unresolved charge. It also does not automatically result in an acquittal. The defendant may still have a pending case. Questions about release conditions, another trial date, pending motions, and unresolved charges depend on the applicable federal or state rules.
That is why legal representation can matter when a court outcome affects significant rights. Knosten’s article on situations where a gun-rights lawyer may be needed provides another example of how convictions, court records, and jurisdiction-specific rules can affect a person’s legal position.
Anyone involved in an active case should rely on the court’s written orders and advice from a licensed attorney in that jurisdiction rather than on a general online definition.
The Bottom Line
A mistrial means the current court proceeding ended without a valid final result on at least one unresolved issue. A hung jury is a common cause, but serious errors or misconduct can also force a trial to end.
The most important question is what happens next. Another trial is often possible, but double jeopardy rules and the reason the first proceeding ended can change the answer. If this concerns an active case, review the court order and consult a licensed lawyer practicing in that jurisdiction.
Frequently Asked Questions
It means the current trial ended without a valid final decision on the charge or issue at issue. The defendant has neither been convicted nor acquitted on that unresolved matter. Depending on the reason the proceeding ended, prosecutors may be allowed to retry the charge.
A party can raise the issue and ask the judge to end the proceeding. The court makes the final decision. In federal criminal cases, the parties generally have an opportunity to express their consent or objections and suggest possible alternatives.
No. A deadlocked jury means the jurors could not reach the required verdict. It does not establish guilt or innocence. Another trial after a hung jury may be legally permitted.
Yes, in some circumstances. Jurors may return verdicts on counts where they agree while remaining deadlocked on others. The court may dismiss the deadlocked counts, and the government may be permitted to retry those unresolved counts.
Yes. A mistrial is not limited to criminal prosecutions. Courts can also declare mistrials in civil proceedings when circumstances prevent the trial from reaching a fair and valid conclusion.






