Category: Trial Outcomes · Statute: Florida Rule of Criminal Procedure 3.530 · Source: Florida Legislature
Understanding Mistrial in Florida
In Florida, a mistrial occurs when a judge rules that a criminal trial cannot proceed to a valid verdict. Under Florida Rules of Criminal Procedure, a mistrial is declared when a fundamental error, procedural defect, or extraordinary event occurs that is so prejudicial it deprives either the defendant or the State of a fair and impartial trial. Common triggers in Florida courts include a hung jury—where jurors are hopelessly deadlocked after deliberations—serious juror misconduct, or highly prejudicial statements made by a witness or attorney that a curative instruction from the bench cannot remedy.
When a judge grants a motion for a mistrial, the existing trial is immediately terminated, the jury is dismissed, and the legal proceedings must start over from the beginning with a new jury. Under Florida law, a mistrial generally does not trigger double jeopardy protections. If the defense requests the mistrial, or if the court declares it due to "manifest necessity" (such as a hung jury), the State is legally permitted to schedule a brand-new trial to prosecute the defendant on the exact same charges.
How a Mistrial Impacts Florida Bail and Pretrial Release
When a Florida court declares a mistrial, the defendant's original bail bond and pretrial release conditions do not automatically expire. Under Florida law, the existing bail bond typically remains in effect to secure the defendant's appearance at the newly scheduled trial. Because the criminal charges are not dismissed, the defendant must continue to comply with all active release conditions, and the bail agent remains liable for the defendant's future court appearances unless the judge specifically modifies or discharges the bond.