Legal Question in Criminal Law in California
hung jury
if nthere is a hung jury is the defendent intitled to be released from jail until the case is retried
Asked on 5/17/09, 4:23 pm
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Re: hung jury
Like any bail decision, it is supposed to be based on the risk that the defendant will flee. In practice, it depends on many factors such as the charged offense, how many jury members voted to convict, and how good a lawyer the defendant has.
Answered on 5/17/09, 4:32 pm
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: hung jury
Entitled? No, but it could happen. Usually the judge will not change his decision about bail due to a hung jury. If the defendant wasn't able to post bail before the first trial, he probably won't be able to do so afterwards either.
Answered on 5/17/09, 4:45 pm
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