Cofer Luster Criminal Defense Lawyers | October 14, 2026 | Criminal Defense
A mistrial happens when a trial has to stop before the case reaches a final resolution. The reason may be as straightforward as jurors being unable to agree, or it may involve a problem during the proceeding that is serious enough that the trial cannot fairly continue.
For a defendant in Fort Worth, TX, the declaration of a mistrial does not necessarily answer the biggest question: What happens now? Whether the case can be tried again depends largely on why the trial ended and how the mistrial came about.
What Does a Mistrial Mean?
A mistrial means the current trial is over without a final verdict resolving the affected charge. It does not mean the defendant was acquitted, and it is not automatically the end of the criminal case.
Sometimes a party asks the judge to declare a mistrial. In other situations, the judge may conclude that continuing the proceeding is no longer appropriate. Because jeopardy has already attached by this stage of a criminal trial, the reason for ending it can matter when deciding whether another trial is allowed.
What Causes a Mistrial in a Criminal Case?
Trials do not have to be perfect, and not every error leads to a mistrial. The issue is generally whether something has happened that prevents the proceeding from continuing fairly and cannot be adequately addressed in another way.
Possible grounds for a mistrial can include:
- A jury that remains unable to agree on a verdict
- Serious juror misconduct
- Highly prejudicial evidence that should not have reached the jury
- Misconduct by an attorney, witness, juror, or another participant
- A significant procedural problem that prevents the trial from continuing fairly
Depending on what occurred, the judge may consider other remedies before ending the trial. A mistrial is a significant step because it stops the proceeding rather than simply correcting an error and moving forward.
What Is a Hung Jury?
A hung jury, also called a deadlocked jury, occurs when the jurors cannot reach the agreement required for a verdict.
Under Article 36.31 of the Texas Code of Criminal Procedure, a jury may be discharged if it cannot agree after deliberating for a period the court considers sufficient. An initial report of disagreement does not necessarily end deliberations.
If the jury is ultimately discharged without reaching a verdict, the unresolved charge can result in a mistrial.
What Happens After a Mistrial?
There is no single next step after a mistrial. Prosecutors may decide to try the case again, pursue a different resolution, or choose not to continue with the prosecution.
The criminal case itself does not automatically disappear. Court dates, release conditions, and other pending matters may continue while the next step is determined.
A hung jury, in particular, generally allows the prosecution to seek another trial. The failure of one jury to reach a unanimous verdict is not the same as a not-guilty verdict.
Can You Be Retried After a Mistrial?
Often, yes, but the answer depends on how the mistrial occurred. The Double Jeopardy Clause limits repeated prosecutions for the same offense, but it does not prohibit every retrial following a mistrial.
Retrial is generally permitted after a hung jury. It may also be permitted when the defendant requested or agreed to the mistrial, although particular circumstances can affect the analysis.
A different question arises when a judge ends the trial over the defendant’s objection. In that situation, courts generally look for a sufficiently compelling reason, commonly described as “manifest necessity,” before allowing the prosecution to try the case again.
Does a Mistrial Mean a New Trial?
Not automatically. A new trial is one possibility, but what happens after a mistrial depends on the case.
Prosecutors may reassess the evidence and the reason the first trial ended before deciding how to proceed. If the mistrial resulted from a deadlocked jury, the case may be set for trial again before a new jury.
That is why a mistrial should not be confused with an acquittal. The first trial has ended, but the underlying charge may still be pending.
What Happens to Bond After a Mistrial in Texas?
A mistrial does not necessarily mean a defendant is immediately released or required to post an entirely new bond. Texas law specifically addresses what happens to an existing felony bond after a mistrial.
Under Article 33.06 of the Texas Code of Criminal Procedure, the original sureties on a defendant’s bond in a felony case remain bound for the defendant’s appearance after a mistrial unless they surrender the defendant as permitted by law.
In practical terms, a mistrial can leave the criminal case—and the obligations tied to appearing in court—very much active while the parties determine what happens next.
Contact the Fort Worth Criminal Defense Lawyers at Cofer Luster Criminal Defense Lawyers for Help Today
A mistrial can leave important parts of a criminal case unresolved. Cofer Luster Criminal Defense Lawyers represents defendants in Fort Worth and Tarrant County and can evaluate issues involving retrial, double jeopardy, bond, and the circumstances that caused the first trial to be declared a mistrial.
If the first trial ended without a verdict and you need to understand where the case goes from here, contact a Fort Worth criminal defense lawyer to discuss the next stage of the proceedings.
For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
