How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
characters left:
7 Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Mistrial Questions

What is a mistrial?

Mistrials occur when a procedural error occurs that corrupts the process of fair and impartial conclusion by the jury. Generally, a mistrial will occur if the judge feels that the trial has been affected by extreme prejudice that could ultimately affect the outcome of the trial. In the event that this happens, a judge will call a mistrial and the case will be re-tried. To learn more about mistrials, take a look at the questions below that have been answered by experts.

What are the basis of a mistrial in a law suit? If the defense lawyer messes with the witness's files, would this be reason enough for a mistrial? Is a lawyer entering the restroom with the juror's basis? The defense attorney made up diagnostics test and dates that didn't exist to confuse or make the jurors judgment favor them.

Generally, a mistrial happens when something occurs that cannot be expected to be overlooked by the jury. The examples that you have given are all grounds for a mistrial. However, first the court would determine if these things have had an impact on the jury and if they have damages the case. The judge will have the final say in these decisions and he/she will determine if any harm has come to the trial due to the actions. If the judge finds that something has been so prejudicial that it cannot be cured, then he will call a mistrial. Usually, in situations like this, the judge would ask the jurors if the attorney confronted them in the restroom or spoke about the case. The reason for this is to determine if anything happened that would change the juror's views on the case.

Do the mistrial laws apply to all areas of law?

Generally, mistrials happen in criminal matters but may be used in a civil matter if something occurs in front of the jury that may cause prejudice toward one of the parties in the case. The mistrial is called in order to avoid any prejudice from corrupting the outcome of a trail. In judge trials, mistrials generally are not used because the judge is fully aware that any prejudice is to be left out of his/her decision.

As a Jurist on a local Capital Offense trial, a Mistrial was declared after two days of testimony with me being named as the person responsible. A bailiff discovered a notepad I had left in the jurist room. The judge made it quite clear I would be charged with contempt for taking notes in the courtroom into the jury room before deliberation. I took no notes what so ever in the courtroom, just scribbled a few key words when I returned. What is my exposure?

Many judges prefer that the jurors didn't take notes during a trial. Some judges are very firm in this decision. The judges would rather a juror rely on their mental take of the testimony and evidence during a trial rather than writing the thoughts on paper.

As far as any liability on your part, this will be up to the judge. What you did isn't considered a criminal offense, but rather a subjective call by the judge. You could use the argument that you were unaware that taking the notes was not allowed and by the bailiff not stopping you affirmed this. It may be that the judge was just expressing his dislike for notes. Generally, judges would prefer not to call a mistrial over something of this nature. Usually, a juror would have to do something extremely wrong for a judge to find them in contempt. For example, if a juror spoke with members of the trial outside of the courtroom. Based on what you have said, it is unlikely the judge would push for a contempt charge over taking notes.

Can you tell me what determines if a case can be retried or not and what exactly the mistrial means and what happens afterwards?

A mistrial is usually called in the event that a procedural defect occured during the trial which affected the verdict. Generally, a hung jury is the cause of a mistrial. A hung jury is when neither side can receive enough juror votes to make a firm verdict.

A mistrial can have different legal implications depending on the nature of the mistrial, the particulars of the case and more. When faced with a possible mistrial, being informed of the law as it applies in your case would be the first step in taking an informed decision. If you have questions or concerns regarding a mistrial, you should ask an Expert.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
characters left:
7 Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 8436
JD, BBA Over 25 years legal and business experience.
Ely
Counselor at Law
Satisfied Customers: 19941
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
FiveStarLaw
Attorney
Satisfied Customers: 8189
25 years of experience helping people like you.

Recent Mistrial Questions

  • Good day, if a furnace is not working at a rental

    Good day, if a furnace is not working at a rental property--how long as the owner/landlord do I have to remedy the problem. I currently have the gas company working on it but the tenants are making threaten comments!
  • marriage 1 south america date of separation 06/1/1979 date

    marriage 1 south america
    date of separation 06/1/1979
    date of interlocutory judgement of dissolution of marriage entered Feb. 18 1983
    date of final judgement of dissolution of marriage 08/15/1983
    Marriage 2 Nevada
    marriage 06/1982
    spouse filed for divorce in nevada
    absolute decree of divorce Dec. 23 1986
    now I know that I committed bigamy.
    I look at the two sections of penal code but do not understand the consequences in my particular case.
  • Is it theft when as strangled husband goes thru my purse

    Is it theft when as strangled husband goes thru my purse Or drawers and takes cash I hide to pay for medical supplies. Have to always hide it. I am bed ridden. Handicapped
< Last | Next >
View More Legal Questions