Baytown, TX asked in Criminal Law for Texas

Q: When the defendant does not have enough jurors to select a jury, what is that called and then what happens next?

please answer

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1 Lawyer Answer

Grant St Julian III

  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: From your question, I'm not sure you understand the process. Defendants do not select jurors. There is a process called voir dire; each side may ask questions of potential jurors, each side may strike a potential juror for cause, each side has peremptory challenges, then the first 6 remaining jurors (12 in a felony case) are seated as the jury. If, after strikes for cause there are not enough jurors remaining to seat a jury, the jury panel is "busted", and a new jury panel must be assembled. You may consider talking with an attorney about your situation.

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