When will a defendant be able to seek a motion for a mistrial against charges that include sexual assault and assault against a minor?

California, United States of America

The following excerpt is from Short v. Superior Court of Santa Clara Cnty., 255 Cal.Rptr.3d 832, 42 Cal.App.5th 905 (Cal. App. 2019):

Defendant contends that the addition of less serious charges may impact the chances of conviction at a retrial. But, "[i]n the absence of a prospect of exposure to increased punishment, we do not believe that a defendant's right to move for a mistrial [or a defendant's right to a retrial following a mistrial] is realistically chilled by the possibility of facing additional charges on retrial." ( Lane v. Lord (2d Cir. 1987) 815 F.2d 876, 879.)

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