When a new trial commences from an order declaring a mistrial, the indictment is deemed to contain which counts?

When a new trial commences from an order declaring a mistrial, the indictment is deemed to contain which counts?

• A. All counts contained in the indictment that were present at the start of the previous trial
• B. All counts that were dismissed prior to the mistrial
• C. Only the counts that were proven
• D. All counts contained in the indictment at the time the previous trial commenced

Answer: (D)

When a mistrial ends the current trial, the defendant can be retried on the same charges that were brought by the filing party in the original charging document. The counts that frame the new proceeding are the ones that were in the indictment at the start of the previous trial. This preserves the defendant’s notice and protections by keeping the retrial on the same set of charges, and it avoids introducing new offenses without a new indictment. Counts cannot be added or modified merely because some issues arose or some counts were later dismissed during the first trial; the retrial uses the original indictment’s charges as filed at the outset. If the state wanted different or additional charges, a new indictment or a proper amendment process would be required.

When a mistrial ends the current trial, the defendant can be retried on the same charges that were brought by the filing party in the original charging document. The counts that frame the new proceeding are the ones that were in the indictment at the start of the previous trial. This preserves the defendant’s notice and protections by keeping the retrial on the same set of charges, and it avoids introducing new offenses without a new indictment. Counts cannot be added or modified merely because some issues arose or some counts were later dismissed during the first trial; the retrial uses the original indictment’s charges as filed at the outset. If the state wanted different or additional charges, a new indictment or a proper amendment process would be required.