What Is a Mistrial in Florida? Hung Juries and What Happens Next

Hollywood Car Accident Lawyer | Daniel B Reinfeld, PA

Written and reviewed by Daniel B. Reinfeld, Esq. | Last updated October 28, 2026

A mistrial is a trial that ends before a verdict because something prevents it from continuing fairly, and the case is not decided. In Florida, the two main causes are a hung jury, where jurors cannot reach the verdict the law requires, and a serious error that cannot be fixed in front of the jury. After a mistrial, the case is usually tried again with a new jury.

What is a mistrial?

A mistrial is a judge's ruling that a trial is over without a verdict and must start again. It is not an acquittal, it is not a conviction, and it is not a judgment for either side in a civil case. The first trial simply ends, and the lawsuit or prosecution remains open.

A mistrial differs from a new trial. A mistrial happens during the trial, before a verdict. A new trial is ordered after a verdict, usually because the judge or an appeals court finds a legal error. The result of both is the same practical outcome: another trial in front of another jury.

What causes a mistrial in Florida?

A mistrial happens when the trial cannot continue fairly or the jury cannot decide. The usual causes fall into five groups.

A deadlocked jury. Jurors cannot agree after full deliberation, which is a hung jury and the most common reason people ask the question.

Prejudicial error. Something happens in front of the jury that a curative instruction cannot undo, such as a witness blurting out inadmissible information, an improper comment by a lawyer, or a judge's remark that appears to favor one side. Florida appellate courts have reversed convictions where testimony implied a non-testifying codefendant had implicated the defendant, and where a witness described the defendant's silence after arrest. See Jones v. State, 434 So. 2d 337 (Fla. 3d DCA 1983) (testimony about post-arrest silence).

Juror problems. A juror becomes ill, is dismissed, or is found to have researched the case or discussed it outside the jury room, and no alternate can fill the gap.

Discovery violations. A party reveals evidence or witnesses that the other side never received. In Taylor v. State, 811 So. 2d 803 (Fla. 1st DCA 2002), a trial court declared a mistrial after a discovery issue with undisclosed witness names.

Agreement. Both sides ask for it, or one side asks for it and the judge grants it.

How high is the bar for a mistrial in Florida?

Very high. A mistrial is treated as a last resort, and a motion for one is reviewed for abuse of discretion. Florida appellate courts uphold the denial of a mistrial unless the error was so prejudicial that it vitiated the entire trial. A prejudicial fact is not enough on its own, and an isolated remark that the judge cures with an instruction usually does not qualify.

Timing matters. A lawyer who wants a mistrial must ask for it when the problem happens, state the reason, and get a ruling. A party who waits to see how the verdict comes out generally loses the argument.

What is a hung jury?

A hung jury is a jury that cannot reach a verdict. In a Florida criminal case, the rule is unanimity. Florida Rule of Criminal Procedure 3.440 says: "No verdict may be rendered unless all of the trial jurors concur in it." The jury is six people in most criminal cases and twelve in capital cases under section 913.10, Florida Statutes. One juror who will not agree is enough to hang a jury.

A hung jury says nothing about guilt or innocence. It means the jury did not reach the required agreement. Some jurors may have favored conviction and some acquittal, and the count does not become part of the record the court acts on.

Can the judge make the jury keep deliberating?

Yes, within limits. When jurors report they are deadlocked, a Florida judge can ask them to continue deliberating and may give a standard supplemental instruction. What a judge cannot do is pressure jurors to give up their honest views.

That line produced a body of Florida appellate decisions on so-called Allen charges, named for the 1896 United States Supreme Court case that approved urging deadlocked jurors to reconsider. Florida courts have reversed convictions where a modified instruction was coercive. For example, in Bass v. State, 611 So. 2d 611 (Fla. 2d DCA 1993), the court reversed where the modified instruction stressed the expense of retrial, and in Young v. State, 711 So. 2d 1379 (Fla. 2d DCA 1998), the court reversed where the judge modified the standard instruction by omitting language about declaring a mistrial. The takeaway for a deadlocked jury is simple: the judge may encourage more deliberation, but not push jurors to abandon their conscience.

What happens after a hung jury?

The case goes back to the starting point. In a criminal case, the prosecutor decides among a retrial, a plea agreement, or dropping the charges. In a civil case, the judge schedules a new trial. Neither side has won.

The prosecutor's options after a hung jury are broad. The United States Supreme Court held in Richardson v. United States, 468 U.S. 317 (1984), that a hung jury is not an event that terminates the defendant's original jeopardy, so a retrial does not violate the Double Jeopardy Clause. Many cases resolve after a hung jury, because both sides now know how a jury reacted to the evidence.

Can a defendant be tried again after a mistrial?

Usually yes, but not always. A hung jury allows retrial. A mistrial caused by a problem the defendant requested usually allows retrial too. The harder question is a mistrial the judge declares over the defendant's objection. In that case, retrial is barred unless the state shows manifest necessity, meaning a mistrial was truly required and no lesser option would do.

Taylor v. State shows how the rule works. Over the defendant's objection, the trial court declared a mistrial for three defendants after a discovery issue. The First District granted a writ of prohibition and ordered the charges against Taylor dismissed, because the trial court had not considered severing the trials so he could proceed with the jury already seated. The case relied on Thomason v. State, 620 So. 2d 1234 (Fla. 1993), which requires a judge to consider alternatives before declaring a mistrial.

One caution applies to defense-requested mistrials. If a prosecutor deliberately provokes a defense motion for mistrial to avoid an acquittal, retrial can be barred. The Supreme Court limited that exception to intentional provocation in Oregon v. Kennedy, 456 U.S. 667 (1982).

If you are charged with a crime, talk to a criminal defense lawyer about your situation. My practice is civil personal injury, and the rules above are general information.

How does a mistrial work in a civil injury case?

In a civil case, a mistrial means the trial restarts with a new jury, and no one has won. Double jeopardy does not apply, because it is a criminal protection. A plaintiff does not lose the claim, and the defendant does not escape it.

The practical effects are delay and cost. A new trial date has to be set, which can mean months. Witnesses, experts, and exhibits have to be arranged again. Both sides have now seen the other's trial presentation and the jury's reaction, which changes settlement discussions. Many injury cases settle or return to mediation after a mistrial.

For the injured plaintiff, a mistrial is stressful, but it is not a loss. The testimony from the first trial exists in a transcript, and it can be used to impeach a witness who changes their story. If you want to understand what testimony looks like before trial, see what a deposition is in Florida and what a plaintiff is in Florida.

Does a mistrial mean the defendant is not guilty or the plaintiff lost?

No. A mistrial is not a finding on the facts. In a criminal case, the charges remain pending until the state retries, dismisses, or resolves them. In a civil case, the claim remains pending. Treat a mistrial as a pause that resets the trial, not as an outcome.

Frequently Asked Questions

What is a mistrial in simple terms?

A mistrial is a trial that ends early without a verdict because the jury is deadlocked or a serious error makes a fair trial impossible. The case then continues with a new trial.

What is a hung jury?

A hung jury is a jury that cannot reach a verdict. In a Florida criminal trial, all jurors must agree under Rule 3.440, so a single holdout can hang the jury.

What happens after a hung jury in Florida?

The prosecutor can retry the case, offer a plea, or drop the charges. In a civil case, the judge sets a new trial. Neither side has won.

Can you be tried again after a hung jury?

Yes. The United States Supreme Court held in Richardson v. United States that a hung jury does not bar retrial under the Double Jeopardy Clause.

Can a defendant be retried after a mistrial?

Usually yes. If the judge declares a mistrial over the defendant's objection, retrial is barred unless the state shows manifest necessity, as Taylor v. State illustrates.

How many jurors are on a Florida jury?

Twelve in capital cases and six in other criminal trials under section 913.10, Florida Statutes.

Does a mistrial mean the case is dismissed?

No. A mistrial ends the trial, not the case. The prosecution or lawsuit remains open unless it is dismissed or resolved.

Is a mistrial the same as a new trial?

No. A mistrial happens during a trial, before a verdict. A new trial is ordered after a verdict, usually for a legal error.

Call Today. Discuss Your Injury Case Directly With Dan

If you were hurt and your case is headed for trial, preparation decides how the day goes. When you call Daniel B. Reinfeld, PA, you speak directly with Dan, not a call center, and he handles your case personally. Dan has practiced law in Florida for more than 25 years, tried felony cases as a public defender, and spent years defending insurance claims before representing injured people, so he knows how juries and insurers behave.

Consultations are free, and there is no fee unless we recover for you. Dan meets by phone, Zoom, at the hospital, or at your home, with evening and weekend appointments available.

Call (954) 923-6110 or email dan@reinfeldlaw.com.

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Related guides: What is a deposition in Florida, What is a plaintiff in Florida, What is a subpoena in Florida, What are interrogatories in Florida, Hollywood car accident lawyer

Sources: Florida Rule of Criminal Procedure 3.440, Rendition of Verdict (Syfert Law); Section 913.10, Florida Statutes (Number of jurors); Taylor v. State, 811 So. 2d 803 (Fla. 1st DCA 2002); Thomason v. State, 620 So. 2d 1234 (Fla. 1993); Bass v. State, 611 So. 2d 611 (Fla. 2d DCA 1993); Young v. State, 711 So. 2d 1379 (Fla. 2d DCA 1998); Jones v. State, 434 So. 2d 337 (Fla. 3d DCA 1983); Richardson v. United States, 468 U.S. 317 (1984); Oregon v. Kennedy, 456 U.S. 667 (1982).

This article provides general information about Florida trial procedure. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and you should speak with a lawyer about your situation.

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