Legal Question in Criminal Law in California

Appealing and filing a Court Injunction

If I have already gone through a Trial and won the case 7 to 5 isn't this not winning as opposed to a ''Hung Jury'' and this is prejudice

toward a person and can we stop this refiling of the same case??

They are on a ''Witch Hunt'' No evidence and just the word of another person ... but work with D.A's and court system. I need to write my congressman and representatives-- THIS IS UNFAIR!

WHAT KIND OF A COUNTRY DO WE LIVE IN? Your Guilty until proven innocent!

Bob


Asked on 11/11/07, 1:41 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Appealing and filing a Court Injunction

You have not been convicted nor acquited. 9 of 12 must agree either way: guilty or not guilty. What is it that you wish to appeal? Contact me directly.

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Answered on 11/11/07, 3:07 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Appealing and filing a Court Injunction

A criminal jury must be unanimous to either convict or acquit. Anything in between is a hung jury. (Mr. Bravos' comment about 9 of 12 votes applies only in civil cases.) The prosecutor has the option of re-trying any case in which the jury hangs, though he may decide not to for a variety of reasons.

If by "the word of another person" you mean testimony about what happened then you may be out of luck. Testimony is a form of evidence, so your claim that there was no evidence is incorrect. The testimony of one witness can be enough to support a conviction if it covers every element of the charged offense(s) and if the jury believes it -- as yours obviously did.

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Answered on 11/11/07, 6:31 pm


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