[thetribe]

In a court case if the defendant motions for mistrial when can he or she do this?

[thetribe]

Come on, no one knows anything legal here...

[Pirate Pal]

I am not a lawyer..but I was a legal secretary for years...I think that a Motion for a Mistrial can be presented to the court at anytime during the trial, if and when, there is sufficient enough evidence to support it. The Judge will then call for the jury to be sequestered while the motion is being heard, considered and ruled upon.

This is just my thinking on it and in no way a legal fact.

[thetribe]

The reason I asked was we had a mock crime scene in my forensics class which turned into a mock trial. The defendant motioned for mistrial at the end of the day after the trial was basically over and I wasn't sure when they could actually present their grounds. We are doing a new trial because the mistrial was granted over something that the prosecution had no control over. But it only makes the defendant look worse and now we have plenty of reasons to take before the judge on why the grounds of mistrial were inaccurate. I just wanted to know if she presented it at the wrong time. Thanks PP.