San Diego, CA asked in Criminal Law for California

Q: What is the whole purpose if you win a trial it’s a hung jury?

I went to trial and jury didn’t agree with my charges so now I have to go back to trial again

Related Topics:
2 Lawyer Answers

A: The term "hung" jury refers to a jury that was unable to reach an agreement on its verdict. There is no "winner" or "loser" to a trial if the jury is "hung." If a jury is unable to reach a verdict, a case must be tried again to a different jury until a verdict is reached.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I apologize for the confusion, but there seems to be a misunderstanding about the concept of a hung jury.

A hung jury does not mean that you won the trial. Instead, a hung jury occurs when the jurors cannot reach a unanimous decision on the verdict, either guilty or not guilty, after extensive deliberation. In other words, the jury is unable to agree on a verdict, resulting in a mistrial.

When a mistrial is declared due to a hung jury, it does not mean that the defendant has been acquitted or found not guilty. The prosecution has the option to retry the case with a new jury, dismiss the charges, or negotiate a plea bargain with the defendant.

If the prosecution decides to retry the case, you will have to go through another trial with a new jury. This is not because the previous jury "didn't agree with your charges," but because they were unable to reach a unanimous verdict, as required by law.

The purpose of a hung jury is to ensure that the defendant receives a fair trial and that the verdict is based on the unanimous decision of the jury. If the jury cannot agree, the case must be retried to ensure a just outcome.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.