eric g johnson law
  • Home
  • Attorneys
    • Eric G. Johnson
    • Rachel W. Bays
    • M. Joy Reger
    • Eric M. Whitehead
    • Staff
    • Client Testimonials
  • Criminal Defense
    • Appeals & Post-Conviction Relief
      • Criminal Appeals
      • Post-Conviction Relief
    • Arson and Criminal Mischief
    • Assault and Battery
      • Aggravated Assault and Battery
    • Criminal Expungement
      • Louisiana Expungement Laws
    • Domestic Violence
      • Domestic Abuse Battery
      • Protective Orders
      • Violation of Protective Order or TRO
    • Drug Offenses
      • Drug Possession
        • Cocaine Possession
        • Drug Possession with Intent to Sell or Distribute
        • Heroin Possession
        • Marijuana Offenses
        • Meth Possession
        • Possession of Date Rape Drugs
        • Prescription Drug Offenses
      • Drug Trafficking
      • Drug Court
    • DUI/DWI
      • DUI Defense Strategies
      • DUI with a CDL
      • Refusing DUI Tests
      • Repeat DUI/DWI Offender
      • Underage DWI
      • Vehicular Homicide
    • False Imprisonment
    • Juvenile Offenses
      • Juvenile Sex Crimes
      • Minor in Possession of Alcohol
    • Public Intoxication
    • Resisting an Officer
    • Sex Offenses
      • Carnal Knowledge of a Juvenile
      • Child Pornography
      • Online Solicitation of a Minor
      • Pimping and Pandering
      • Prostitution
      • Rape
      • Sexual Battery
      • Video Voyeurism
    • Stalking
    • Theft
      • Burglary
      • Credit Card Fraud
      • Identity Theft
      • Robbery
      • Shoplifting
      • Welfare Fraud
    • Traffic Violations & CDL Licenses
      • Hit and Run
      • Reckless Driving
    • Violation of Probation
    • Violent Crimes
      • Murder
      • Manslaughter
    • Weapons Offenses
    • White Collar Crimes
      • Embezzlement
      • Money and Asset Forfeiture
      • Money Laundering
      • Tax Fraud and Evasion
  • Blog
    • FAQ
  • Areas We Serve
    • Bossier City
    • Caddo Parish
    • Claiborne Parish
    • Bienville Parish
    • De Soto Parish
    • Lincoln Parish
    • Ouachita Parish
    • Natchitoches Parish
    • Sabine Parish
    • Shreveport, LA
      • Shreveport Drug Defense Attorney
      • Shreveport DWI Lawyer
      • Shreveport Theft Lawyer
    • Monroe, LA
      • Monroe DWI Lawyer
    • Ruston, LA
    • Tallulah,LA
  • Recent Cases
  • Contact Us
louisiana courtroom procedure

What are the Benefits of a Mistrial in Louisiana?

September 9, 2017Eric G. Johnson

Any case that goes to trial in front of a jury carries the possibility of a mistrial. A judge must declare a mistrial when the jury for a criminal trial cannot agree to a verdict. Such an occurrence can have benefits for the defendant, although there is always the chance that the case will be retried at a later date. There are two ways a mistrial can occur depending on the nature of the offense, which influences the size of the jury. If you face felony criminal charges, you may face a jury of six or twelve jurors. The number of jurors who must agree that you are guilty of the offense determines whether a mistrial will take place.

Twelve-Person Jury Mistrial

A crime that carries a sentence of required jail or prison time for anyone who is convicted will prompt a twelve-person jury. An example of such a crime in Louisiana is armed robbery. In Louisiana, armed robbery carries a prison sentence of 10 to 99 years. For you to be convicted of a crime like armed robbery, a minimum of ten jurors must agree to your guilt. A mistrial is declared when nine or more jurors disagree with the other jurors. Although there is no set time limit for deliberations, if the jury is adamant that they cannot reach a verdict, the state may retry your case or dismiss charges.

Six-Person Jury Mistrial

A crime such as simple robbery in Louisiana may demand a sentence of 0-7 years “with or without hard labor.” This means that jail or prison time is not mandatory, which in turn means that the jury for such a case will consist of just six jurors. When there are only six jurors available to reach a verdict, all six must agree to the defendant’s guilt. If just one juror finds the defendant not guilty of the offense, the judge declares a mistrial.

Potential Benefits of a Louisiana Mistrial

A mistrial can be advantageous in the long run for two main reasons: first, the State may decide against retrying the case and could instead dismiss the charges altogether. Second, if the State does decide to pursue the charges once more, the defendant’s defense attorney will have gained insight into the prosecution’s case, allowing the attorney to further strengthen the defense’s case.

Although a mistrial is certainly better than a guilty verdict, you do run the risk of a conviction on the second round if the State does decide to pursue it; however, often the prosecutor realizes that the chance of obtaining a conviction at the second trial is generally slim. Many times the charges are simply dismissed.

To obtain the best possible outcome from a criminal case, it’s vital to secure an experienced Louisiana defense attorney. Eric Johnson of The John D. & Eric G. Johnson Law Firm, LLC, has over two decades of experience providing legal counsel for those accused of misdemeanor and felony crimes throughout the state. Call 318-479-0562 or contact us online for a free consultation.

Recent Posts

  • Have Domestic Violence Incidents Increased During COVID-19 in Louisiana?
  • What Are the Penalties for Drugged Driving in Louisiana?
  • What Are the Effects of a Drug Conviction for Non-U.S. Citizens?
  • Why Do Crimes Spike During the Holidays?
  • Common Types of Crimes Committed in Louisiana During the Holidays

Archives

  • December 2020
  • November 2020
  • October 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017

Practice Areas

  • Appeals And Post Conviction Relief
  • Louisiana Murder Defense Attorney
  • Criminal Defense
  • Criminal Expungement
  • Domestic Violence And Protective Orders
  • Drug Offenses
  • DUI And Vehicular Homicide
  • Louisiana Sex Offenses Attorney
  • Traffic Violations And CDL Licenses
  • White Collar Crimes

Contact Us

Attention: While this website provides general information, it does not constitute legal advice
John D. & Eric G. Johnson Law Firm, LLC
LinkedIn
Yelp

John D. & Eric G. Johnson Law Firm, LLC
Office: 318-377-1555 | Fax: 318-377-1559
national association of criminal defense lawyers
lsba
criminal defense attorney louisiana
2018 top rated lawyer

John D. & Eric G. Johnson Law Firm, LLC
415 Main Street,
Minden, LA 71055

Areas Served: 
 Serving the entire State of Louisiana including Minden, Ruston, Monroe, Shreveport, Bossier City, as well as Caddo, Webster, and Ouachita parishes.
Ⓒ 2020 Eric John D. & Eric G. Johnson Law Firm, LLC. Privacy Policy. Legal Website Powered by Market My Market