A mistrial can also shift the balance in plea negotiations. Both sides now have more information about how a jury might react:
- Prosecutors may realize that some jurors were skeptical of certain evidence or witnesses, making them more open to a plea deal on reduced charges.
- Defense attorneys may see that some jurors were strongly inclined to convict, making their clients more willing to accept a plea rather than risk a harsher sentence after a retrial.
Common plea outcomes after a mistrial include:
- Pleading guilty to a lesser charge (for example, second-degree murder instead of first-degree).
- Agreeing to a recommended sentence in exchange for avoiding another trial.
- Resolving some counts while dismissing others in multi-charge cases.
