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Posted January 5, 2013 6:17pm. There is no limit. A mistrial means that there was no verdict, so until the prosecutor decides ot stop trying the case, they can continue to go to trial. It is unfortunate, but unless the jury agrees they can keep trying.
3. Because defendants have a right to a speedy trial, the prosecutor must generally file charges within 48 hours of the arrest when the defendant is in custody (in jail). Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.or a jury trial for a felony case: The law says how soon a defendant charged with a felony must be brought to trial. (See section 1382 of the Penal Code.). The trial must start within 60 days of the arraignment on the Information. The defendant can âwaiveâ (give up) the right to a speedy trial.