Chula Vista, CA asked in Criminal Law for California

Q: A unanimous vote from the jury is required for a conviction and acquittal?

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1 Lawyer Answer
Jerod Gunsberg
Jerod Gunsberg
  • Criminal Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Yes. In a criminal case, a unanimous vote is require for both a conviction and an acquittal. If the vote is not unanimous then it is what is known as a "hung jury" (meaning the jury was unable to reach a verdict one way or the other ). After a jury returns no verdict, the prosecutor may re-try the case, the prosecutor may dismiss the charges, or the court may dismiss the charges on its own motion. This will depend on how the jury vote breaks down (how many voted in favor of guilty, how many in favor of not guilty).

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