What is a motion for a mistrial?

A motion for a mistrial in Pennsylvania is a request from either the prosecution or the defense in a criminal trial to have the trial terminated and a new trial scheduled. This is typically done if there has been some sort of complication or error that undermines the fairness of the trial. For example, if evidence is presented that had not been previously disclosed, or if a juror behaves inappropriately, or if there has been an issue with the jurisdiction of the court, a motion for a mistrial can be requested. When a motion for a mistrial is made, the judge will decide whether or not to accept the motion. If the motion is accepted, the charges against the accused will still remain, and the trial will be restarted at a later date. It is important to note that a mistrial is different from an acquittal, which completely exonerates the accused. In a mistrial, all charges remain but the trial process must be restarted in order to determine the result.

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