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Maybe. If there is a hung jury, the prosecution must decide whether or not to have another trial. If they decline to re-try the case, the defendant would be released. If they decide to have another trial, the defendant would remain in custody to await the new trial, if he/she was in custody for the first trial. Often, after a mistrial, the defense will make a motion or renew a motion for bond or for reduction of bond.
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When a jury can not reach a verdict resulting in a mistrial.?
It is called a hung jury
Is the jury's verdict must be a majority in favor of guilt or innocence?
In a criminal trial, the jury's verdict must be unanimous in order to convict the defendant of guilt. If the jury cannot reach a unanimous decision, it results in a hung jury and could lead to a mistrial.
What happens in the case of a hung jury?
A hung jury means a mistrial. If a mistrial is declared, the case is tried again unless the parties settle the case or a plea...
What happens if the jury does not reach a verdict?
If a jury cannot reach a verdict, it is considered a hung jury, and the case may result in a mistrial. In this situation, the prosecution can choose to retry the case with a new jury.
How and when can a defendant ask for a mistrial?
This is a question on which entire textbooks have been written, and which cannot begin to possibly be fully addressed on this venue. Suggest that you contact an attorney (your attorney?) for advice on your specific situation.
How many sets of juries have to come to a hung decision before a case is thrown out?
It doesn't work that way. If the jury is truly hung, a mistrial will be declared. After the mistrial, the parties decide whether to have a new trial with a new jury. In the event that the second jury is hung, another mistrial would be declared, and the parties can choose to have another trial. This goes on and on until the parties settle, voluntarily opt to dismiss, or a trial results in a verdict.
What form do you use to file a mistrial brief in California?
The form that is used in the state of California to file for a mistrial brief is the manifest necessity. The most common cause for a mistrial is a hung jury.
What jury means a jury can not find a verdict?
A hung jury occurs when the members cannot reach a unanimous verdict. In such cases, the judge may declare a mistrial, and the case may be retried with a new jury.
When a jury is not unanimous?
The expression in the US is that it is a "hung jury" which means there will have to be a new trial.
Can the judge enter a decision of guilty or innocent if the jury is 'hung' or just call a mistrial?
When a jury, in a criminal case, is found to be "hopelessly deadlocked" and unable to come to a unanimous decision - the jurors are dismissed and the judge will declare a mistrial. A hung jury does not reflect on the defendants guilt or innocence and it is up to the state to decide if there will be a retrial.Opting for a decision by a judge; the defendant gives up a right to a jury trial. The judge will find the defendant not guilty or guilty - move to acquit or move onto the penalty phase. The defendant may still choose to appeal after a bench trial.In civil cases, the jurors need only the majority vote to find the defendant liable vs a criminal trial where a unanimous decision is required. When there are multiple charges, the jury can return a verdict on the counts which they have agreed and again it is up to the state to decide to retry the defendant on the counts in which the jury could not agree or to drop / dismiss the charges.ADDED: In criminal trials there is no such thing as a finding of "innocent." There are only "guilty' or 'not guilty.'
When a criminal trial jury is unable to reach unanimous verdict what declaration will the trial judge issue?
If the jury cannot reach a verdict, the judge may find them to be a hung jury and declare a mistrial.
What causes a mistrial?
A mistrial is when something happens during your case's trial that renders the trial invalid through some type of error. For instance, if the jury can not come to a verdict, or if someone working on the trial did something or didn't declare something that is against the ethics of the court/law. Example:Someone on the jury knew the defendant or plantif, or had a resentment or connection to the case or the law in general. Or maybe one of the attorneys is doing something unethical, and etcetera. You are NOT found innocent and/or the case is NOT dismissed if a mistrial is declared. It simply means the prosecution now has to start all over, and a new trial and jury has to be created, and is often now hindered greatly. It is REALLY GOOD news if you're the one being charged in the trial (usually).
