Blair Defense Criminal Lawyers | March 18, 2025 | Criminal Defense
Trials are designed to reach a verdict that convicts or acquits a defendant. However, there are times when a jury cannot get a unanimous decision, resulting in what is known as a “hung jury.” This can have significant consequences for the defendant and the prosecution.
Definition of a Hung Jury
A hung jury occurs when jurors are deadlocked and unable to reach a consensus on a verdict after extensive deliberation. In California, criminal cases require a unanimous verdict from all jurors. The jury is considered “hung” if even one juror disagrees and refuses to change their stance. When this happens, the trial judge may declare a mistrial, meaning the trial has ended without a conclusive decision. This often creates challenges for all parties involved.
What Happens When There Is a Hung Jury in California?
A judge typically takes certain steps before declaring a mistrial.
When a jury is deadlocked, the judge may:
- Instruct the jury to continue deliberations: Judges often encourage jurors to continue deliberating. This may emphasize their duty to reach a fair decision and give what is known as an Allen charge, which urges them to reassess their views and attempt to reach a consensus.
- Poll the jury: The judge may ask jurors if further discussion could resolve the deadlock or if they are firmly set in their opinions.
- Declare a mistrial: A judge will need to eventually declare a mistrial if the jury cannot reach a verdict despite further deliberations.
A mistrial is the only viable outcome if continued deliberations do not break the deadlock.
What Are the Consequences of a Hung Jury in California?
A hung jury and mistrial do not mean the defendant is acquitted or convicted. There are several paths forward for the prosecution and defense.
Possible outcomes of a hung jury include:
- Retrial: The prosecution may choose to retry the case before a new jury, hoping for a different outcome with a new jury.
- Plea bargain: The prosecution and defense may negotiate a plea deal instead of proceeding with a new trial.
- Dismissal of charges: The prosecution may drop the charges if it believes it may not secure a conviction in a retrial.
- New trial strategy: The prosecution and defense might modify their legal strategies based on lessons learned from the previous trial.
Each of these outcomes depends on the specifics of the case, the strength of the evidence, and the willingness of the prosecution to continue pursuing the matter.
Factors That May Lead to a Hung Jury in California
Several factors contribute to a jury being unable to reach a unanimous decision, including:
- Strongly divided opinions: Jurors may interpret evidence differently, leading to irreconcilable disagreements.
- Insufficient evidence: Jurors may struggle to decide beyond a reasonable doubt if the prosecution fails to present compelling evidence
- Emotional or personal biases: Some jurors may hold strong personal beliefs that influence their ability to be impartial.
- Jury instructions and legal complexities: Complex legal concepts or unclear instructions from the judge can make it difficult for jurors to reach a conclusion.
Understanding these factors can help the prosecution and defense anticipate challenges and strategize more effectively for trial proceedings.
How A Criminal Defense Lawyer Can Help
A skilled criminal defense attorney plays a crucial role in cases that result in a hung jury.
If a mistrial is declared, the defense attorney can help:
- Negotiate with the prosecution: A San Diego criminal defense lawyer may negotiate a plea deal or argue for dismissal of charges based on the case’s weaknesses.
- Prepare for a retrial: If a retrial is imminent, the defense can refine its strategy, strengthen its arguments, and address weaknesses from the first trial.
- File motions to dismiss: In some cases, a defense attorney may argue that a retrial is unnecessary due to lack of evidence or procedural issues.
An experienced defense lawyer can evaluate the path forward following a hung jury. While it does not equate to an acquittal, it may present an opportunity to negotiate and reach a resolution. If you or a loved one is facing a criminal trial in California, consult with an experienced San Diego criminal defense attorney to work toward the best possible outcome.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101
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