<P> A person who is convicted of one set of charges cannot in general be tried on additional charges related to the crime unless said additional charges cover new facts against which the person in question has not yet been acquitted or convicted . The test that determines whether this can occur is the Blockburger test . </P> <P> An example of this are the charges of "conspiring to commit murder" and "murder". Both charges typically have facts distinct from each other . A person can be charged with "conspiring to commit murder" even if the murder never actually takes place if all facts necessary to support the charge can be demonstrated through evidence . Further, a person convicted or acquitted of murder can, additionally, be tried on conspiracy as well if it has been determined after the conviction or acquittal that a conspiracy did, in fact, take place . </P> <P> Mistrials are generally not covered by the double jeopardy clause . If a judge dismisses the case or concludes the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried . Furthermore, if a jury cannot reach a verdict, the judge may declare a mistrial and order a retrial as was addressed in United States v. Josef Perez, 22 U.S. 579 (1824). When the defendant moves for a mistrial, there is no bar to retrial, even if the prosecutor or judge caused the error that forms the basis of the motion . An exception exists, however, where the prosecutor or judge has acted in bad faith . In Oregon v. Kennedy, 456 U.S. 667 (1982), the Supreme Court held that "only where the governmental conduct in question is intended to' goad' the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion ." </P> <P> The defendant may not be punished twice for the same offense . In certain circumstances, however, a sentence may be increased . It has been held that sentences do not have the same "finality" as acquittals, and may therefore be reviewed by the courts . </P>

Can you go back to trial after a mistrial