Legal Question in Criminal Law in California

Re: Hung Jury/Mistrial

I am assuming you are in Riverside County. The Judge can only declare a mistrial. The DA would then need to decide if they wanted to retry the matter. In Riverside, they will. If you need furhter assistance contact me direct at [email protected]

Re: Hung Jury/Mistrial

Jurors are only polled after they reach a verdict, not after a mistrial. Further, the judge would ask the jurors why they couldn't reach a verdict before declaring a mistrial, not after. If she heard that some jurors were refusing to deliberate she would tell them to change their ways and send them back. If they still refused to deliberate, the judge would replace them with alternates (if available). A mistrial would be declared only if there weren't enough alternates, if the alternates also refused to deliberate or if further deliberations resulted in a hung jury.

Re: Hung Jury/Mistrial

Regardless how you look at it, it is still mistrial where the prosecution has the right to try the case again, if they want to. In certain situations, the judge could dismiss the case and not allow a re-trial but I do not know whether that would apply to your case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com