When a trial ends in a mistrial, it can feel as if the entire case has suddenly been erased.
There is no conviction. There is no acquittal. And in many cases, prosecutors may decide to try the defendant again.
That raises an obvious question:
How many times can someone be tried again after a mistrial?
Surprisingly, U.S. law does not generally set a simple numerical limit such as “two trials” or “three trials.”
A defendant may sometimes face another trial after a mistrial — and potentially more than one retrial. But whether prosecutors are allowed to keep trying the case depends heavily on why the previous trial ended in a mistrial and on constitutional protections against double jeopardy.
Is There a Limit on How Many Times a Case Can Be Retried?
There is generally no fixed nationwide number of times prosecutors are allowed to retry a criminal case following a mistrial.
In other words, there is no universal rule saying:
- One mistrial means one more attempt
- Two mistrials automatically end the case
- Three trials are always the maximum
Instead, courts look at the circumstances surrounding each mistrial.
One of the most important questions is whether there was a legally valid reason for ending the previous trial.
A classic example is a hung jury.
What Happens When a Jury Cannot Reach a Verdict?
A hung jury occurs when jurors cannot reach the verdict required by law even after deliberating.
If the judge concludes that further deliberation is unlikely to produce a verdict, the judge can declare a mistrial.
In that situation, prosecutors are generally permitted to try the defendant again.
The U.S. Supreme Court has long recognized that a genuinely deadlocked jury can create the kind of “manifest necessity” that allows a trial to end without preventing another prosecution.
So a mistrial caused by a hung jury does not automatically mean the defendant goes free.
Could There Be a Third Trial After Two Hung Juries?
Potentially, yes.
Suppose the first trial ends with a hung jury.
Prosecutors retry the case.
The second jury also cannot reach a verdict.
That does not necessarily create an automatic constitutional prohibition against a third trial.
This is where the common assumption that prosecutors only get “two chances” can be misleading.
There isn’t a simple rule that automatically ends a prosecution after a specific number of hung juries.
However, that does not mean prosecutors can endlessly restart the same case without consequences.
Why Don’t Prosecutors Just Keep Retrying the Case Forever?
Even when another trial is legally possible, prosecutors still have to decide whether another attempt makes sense.
After repeated mistrials, they may have to consider:
- Whether the evidence is strong enough to obtain a conviction
- Whether witnesses are still available and reliable
- Whether another jury is likely to reach a different result
- The cost and resources required for another trial
- The seriousness of the alleged crime
- The interests of victims and their families
- Fairness concerns surrounding repeated prosecutions
A judge may also have to consider constitutional and procedural issues depending on the circumstances.
So “legally possible” does not necessarily mean “likely to happen.”
A prosecutor can decide not to pursue another trial even when another prosecution would technically be allowed.
Doesn’t Double Jeopardy Prevent a Second Trial?
This is where mistrials become confusing.
The Fifth Amendment says that a person cannot be placed “twice in jeopardy” for the same offense.
That protection is commonly known as double jeopardy.
At first glance, it might seem that any second trial would violate that rule.
But the law distinguishes between a case that ends with a final verdict and a case that ends prematurely because the trial could not be completed.
When a mistrial occurs because of circumstances such as a genuinely deadlocked jury, another trial is generally allowed.
That is very different from an acquittal.
Is a Mistrial the Same as Being Found Not Guilty?
No.
This distinction is extremely important.
An acquittal means the defendant was found not guilty of the charge.
A mistrial means the trial ended without reaching a valid final resolution.
Those outcomes have very different consequences.
After an acquittal, prosecutors generally cannot simply retry the defendant for the same offense because they disagree with the result.
After certain mistrials, however, another trial may be permitted.
So when news reports say a case ended in a mistrial, that does not necessarily mean the criminal case itself is over.
What If the Defendant Asked for the Mistrial?
The answer can change depending on who requested the mistrial and why.
If the defendant asks the judge to declare a mistrial, a later retrial is often permitted.
But there are important exceptions.
For example, if prosecutors intentionally engage in misconduct designed to provoke the defendant into requesting a mistrial, double-jeopardy protections can potentially prevent another prosecution.
That means courts don’t look only at the fact that a mistrial occurred.
They also look at how and why it happened.
What If the Judge Declares a Mistrial Without the Defendant’s Consent?
This situation can raise more difficult constitutional questions.
Once jeopardy has attached in a criminal trial, the government cannot simply terminate the proceeding whenever it wants and start again.
If a mistrial is declared over the defendant’s objection, courts may examine whether there was a sufficiently compelling reason — often discussed under the legal concept of manifest necessity.
A hopelessly deadlocked jury is one of the clearest examples.
But not every reason for ending a trial will necessarily justify another prosecution.
The exact circumstances matter.
Does Everything Start Over After a Mistrial?
If prosecutors decide to retry the case, there will generally be a new trial rather than simply continuing where the old jury stopped.
That normally means a new jury must be selected.
The prosecution and defense again present their cases, although what happens with particular testimony, evidence, motions, or previous rulings can depend on the circumstances and applicable law.
So a retrial is not simply:
“Bring the old jury back and continue.”
It is another legal proceeding based on the same underlying criminal charges.
Can Prosecutors Decide to Drop the Case Instead?
Yes.
A mistrial gives prosecutors another decision to make.
They may choose to retry the defendant, but they may also decide that another trial is not worth pursuing.
That decision can depend on the strength of the evidence, why the jury failed to reach a verdict, available witnesses, resources, negotiations between the parties, and many other factors.
This is why two cases that both end in mistrials can have very different outcomes afterward.
One may quickly receive a new trial date.
Another may never be tried again.
So How Many Times Can You Actually Be Tried After a Mistrial?
There is no simple universal number.
A mistrial caused by a hung jury can generally lead to another trial, and multiple retrials can sometimes occur.
But every additional trial depends on why the earlier proceeding ended, whether double-jeopardy protections apply, decisions by prosecutors, and potentially further court rulings.
So if you hear that a criminal case has ended in a mistrial, don’t automatically assume either:
“The defendant is free.”
or:
“They’ll definitely just have another trial.”
A mistrial means the previous trial ended without a final verdict.
What happens next depends on why it ended.
This article provides general information about U.S. law and is not legal advice.