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Florida Drug Defense Attorney > Blog > Drug Crime Defense > Could Your Florida Drug Case End in a Mistrial?

Could Your Florida Drug Case End in a Mistrial?


One of the rights of defendants in criminal cases is the right to a fair trial, which means that the trial takes place without unnecessary delays, the outcome is decided by unbiased jurors, and unless there is a compelling reason to conduct the trial in private, it is open to the public.  If you are acquitted, the case is closed, and you can never face the same charge in connection to the same incident again.  Beyond that, though, your case can theoretically go on indefinitely.  If you get convicted, you can request post-conviction relief or appeal your conviction.  Is it possible for a trial to end without a resolution, though, with your case still in limbo.  It is, and when a trial ends without a verdict, it is called a mistrial.  To ensure that you get a fair trial in your drug crime case, even if it takes more than one attempt, contact a Florida drug offenses attorney.

How Common Are Mistrials?

Mistrials do not happen very often; they represent only a small portion of criminal cases.  A mistrial is only possible if the trial has already begun, and criminal trials are relatively rare.  More than 90 percent of defendants charged with crimes plead guilty, either because they believe that the evidence against them is overwhelming, or because the prosecution offers them a plea deal, and the risk of getting a long prison sentence if they reject the plea deal and get convicted at trial is too scary.  Of the defendants who initially plead not guilty, not all of their cases get to the trial stage.  As both the prosecution and the defense continue to review the evidence, the defendant might decide to change his or her plea to guilty, or the state may decide to drop the charges against the defendant, if it becomes clear that the state does not have enough legally valid evidence to secure a conviction.

Why Do Mistrials Happen?

Mistrials happen when a trial does not end with a guilty verdict or a not guilty verdict.  One scenario is that the jury simply cannot reach a unanimous decision.  The court must also declare a mistrial if the judge, one of the attorneys, or one of the jurors dies before the trial concludes.  Likewise, a defense lawyer can request a mistrial if the prosecution has already shown legally inadmissible evidence to the jury, making it impossible for them to be impartial.  It is also grounds for a mistrial if jurors seek out external information about the case, and this influences their decision; in 2023, almost all jurors have smartphones, so judges have a big job in deciding what jurors can and cannot search for in Google during the trial.  After a mistrial, the court may order a new trial, or it may decide to dismiss your case, meaning that you are no longer in danger of being convicted.

Contact FL Drug Defense Group About Drug Cases

A Central Florida criminal defense lawyer can help you if you are facing drug charges and decide to go to trial.  Contact FL Drug Defense Group in Orlando, Florida to discuss your case.



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