In California criminal trials, not every jury concludes with a simple guilty or not-guilty verdict. A hung jury, also known as a deadlocked jury, happens when all jurors have fully deliberated but cannot unanimously agree on a verdict.
In California criminal cases, the law requires that all 12 jurors agree on the final decision. If this doesn’t happen, it leaves the case unresolved and raises questions about what will occur next.
Why Do Hung Juries Happen?
Hung juries arise from significant disagreements among jurors.
Common reasons include:
- Different views of the evidence or inconsistencies in the testimony
- Disputes about the reliability of key witnesses
- Disagreement over whether the prosecution has satisfied the burden of proof
- Jurors interpreting instructions from the judge in different ways
Even one holdout juror with reasonable doubt, despite 11 others being convinced, means it’s a hung jury.
What Happens When a Jury Cannot Reach a Verdict?
When California jurors announce to the court that they’re deadlocked, there are a couple of things that may follow:
The Judge May Ask the Jury to Continue Deliberating
Judges in California typically remind jurors of their role, sometimes giving special instructions (California’s equivalent to the federal “Allen charge,” sometimes called the Prim instruction). The judge urges jurors to try, within reason, to re-examine their views and deliberate further on the evidence. Jurors are encouraged to attempt to reach a unanimous verdict, but are not forced to compromise if they’re not able to.
The Judge May Declare a Mistrial
If the jury comes back out and tells the judge that they’re still deadlocked after deliberating for quite some time, the judge may declare a mistrial due to a hung jury. When a mistrial is declared on this ground, that trial ends without a resolution on the charges involved.
Can You Be Tried Again After a Hung Jury?
In California, prosecutors are generally allowed to retry a case after a hung jury. Double jeopardy, the constitutional protection against being tried twice for the same offense, does not apply if there was no final verdict.
After a mistrial, the District Attorney may decide to:
- Retry the defendant on the charges that resulted in a hung jury
- Offer a plea deal for lesser charges
- Dismiss the case entirely
- Amend or reduce the charges before pursuing a new trial
Prosecutorial discretion, public interest, witness availability, and the strength of the case all factor into whether the state goes forward.
What Happens If the Jury Agrees on Some Charges But Not Others?
When a defendant faces multiple charges, California law allows for a partial verdict. The jury can reach a verdict, either guilty or not guilty, on one or more counts, while being deadlocked on others. This means you can be acquitted or convicted on some charges at the end of one trial, but may have to face another trial for the remaining unresolved counts.
What Is the Difference Between a Hung Jury and a Mistrial?
A hung jury describes a situation where jurors are unable to reach the required unanimous verdict after deliberation. A mistrial is a judge’s legal ruling that ends a trial without a verdict or final resolution of the charges. While a hung jury often leads the judge to declare a mistrial, mistrials can also be declared for other reasons, such as significant procedural errors, misconduct, or outside influence on the trial.
How Can a Criminal Defense Lawyer Help After a Hung Jury?
After a hung jury, a criminal defense lawyer can play a critical role.
Your attorney will:
- Review what happened during the first trial for procedural or strategic insight
- Analyze what weaknesses the prosecution’s evidence or witnesses presented
- Challenge a prosecutor’s attempt to retry the case if grounds exist to prevent it
- Negotiate with the prosecution, seeking dismissal, charge reduction, or an appropriate plea offer
- Build a revised and often stronger defense if the case goes to trial again
Having an experienced criminal defense lawyer on your side can help you understand your options and protect your rights as your case moves forward.
Contact an Oakland Criminal Defense Lawyer at the Law Office of Nabiel C. Ahmed for a Confidential Consultation
If you’re facing the uncertainty of a hung jury or a possible retrial, please contact an experienced criminal defense attorney at the Law Office of Nabiel C. Ahmed to schedule your confidential consultation.
We have convenient locations in Oakland and San Ramon, California.
Law Office of Nabiel C. Ahmed – Oakland
1305 Franklin St #411, Oakland, CA 94612
(510) 271-0010
We are available 24/7
Law Office of Nabiel C. Ahmed – San Ramon
2551 San Ramon Valley Blvd #206, San Ramon, CA 94583
(925) 725-4003
We are available 24/7
