Legal Question in Criminal Law in Illinois

Possible Mistrial?

During a trial the defendant was found guilty, the defendant knew one of the members of his jury and the juror knew the defendant. The defendant did not know that he could dismiss the juror from his jury. My question is that grounds for a mistrial. The defendants lawyer told him that he should of said something then, but the defendant did not know that he could dismiss the juror just because he knew him. What are the steps that should be taken to try and get a mistrial? Is that enought reason for the defendant to even ask for a mistrial?


Asked on 1/03/06, 3:19 pm

2 Answers from Attorneys
Kelly Bennett Bennett Law Offices

Re: Possible Mistrial?

YOU NEED TO CONTACT AN ATTORNEY IMMEDIATELY!! YOU TYPICALLY HAVE 30 DAYS FROM THE ENTRY OF THE FINAL JUDGEMENT TO FILE ANY NOTICES OF APPEAL OR POST-TRIAL MOTIONS. DO NOT WAIT. IF YOU MISS THE DEADLINE THEN THE DEFENDANT WILL BE FOREVER BARRED FROM RAISING THESE ISSUES.

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Answered on 1/03/06, 3:29 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Possible Mistrial?

The chance for a mistrial is over. That has to happen during the trial. However, there is a possible way, and that is to file a motion for a new trial before sentencing. If that has also passed, then there is a post-conviction petition. During jury selection, the judge asked all jurors (standard) if they know any of the lawyers or the defendant. The juror should have answered in the affirmative. Please call for a free consultation.

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Answered on 1/03/06, 3:57 pm


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