Legal Question in Criminal Law in California

Re: court

The jury in a criminal case in California must be unanimous to render a verdict either way. If fewer than all jurors insist on voting not guilty, the jury is hung, a mistrial is declared, and the prosecution has the option to retry the defendant. The prosecution has to then take a look at the evidence, and the number of jurors voting to acquit, and then decide if it is worth spending more time and money retrying the defendant.

Sometimes, after a trial ending in a hung jury, the judge will reduce the defendant's bail if the defendant is in custody.

The defendant has an easier time of it in a second trial, since the prosecution witnesses have already testified once, and in a retrial they can be impeached with their former testimony.

Re: court

Criminal defendant needs to be convicted or acquitted unanimously. If it is not a unanimous verdict, it is a hung jury which means the case can be retried.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com