Q: Is Reprosecution Barred if my Jury Trial was terminated by the Judge after a Motion by the Defense for mistrial?
On day 2 of the Jury Trial the Judge declared a Mistrial based on the Prosecutor threatening to report the Defense Counsel to the Bar Association for alleged misconduct over an email from himself to the Drug Court person who does screening for Drug Court. The Defense Lawyer stated in the email that I had used illegal drugs recent to the email date which was in Aug of 2018 and that he wanted me to be screened for Drug Court. He stated this on his own as a means to meet eligibility criteria for Drug Court. The Prosecutor was CC'd on the email. During the Trial I was Testifying and stated True to Fact, "That I had not used any Illegal Drugs since 2004". The Prosecutor raised this issue after the State had "Rested" and before cross examining me after my Testimony. If I had not agreed to ask for A Mistrial the Prosecutor had stated She would report my Atty to the Bar Assoc and he would risk losing his License. I could not allow this so I agreed to the motion for mistrial. Yuma County AZ
A:
The short answer is yes. Whether or not the prosecution is likely to attempt to refile charges will depend on whether or not you (or your previous counsel on your behalf) waived your right to a speedy trial. Arizona requires the prosecution to take a defendant to trial within 150 days of indictment unless the right is waived. If that deadline was already approaching when your last trial occurred there may be insufficient time for the prosecutor to acquire a second indictment, get you arraigned, and get a trial setting before the time has run.
If you specifically heard the judge dismiss your case "WITH prejudice," the prosecution will be barred from seeking a second indictment. This is rare and usually only occurs when it is obvious the prosecutor intentionally acted to cause there to be a mistrial. It does not sound like that is the case here.
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