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Bappelman
Bappelman, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  Former Public Defender, Founder and Criminal Defense Attorney at Appelman Criminal Defense LLC.
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In Illinois in a child sex abuse case, the trial resulted in

Resolved Question:

In Illinois in a child sex abuse case, the trial resulted in a hugh jury and mistrial declared, is the defendant entitled to be freed pending a new trial?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Bappelman replied 7 years ago.
Hello,

When a mistrial is declared, that does not mean that the charges have been dismissed. The defendant still has the charges pending, which means that he would still be facing a new trial.

Of course, if the prosecutor decides to drop the charges, then the defendant would go free immediately.

So, the defendant is essentially back in the same position that he was in before the trial. If he was out on bail, then he should still be out on bail. But if he was in custody because he could not bail out, then he will remain in jail until he either bails out, or goes to trial.

Good Luck!
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