Legal Question in Criminal Law in Texas

Criminal Mistrial Question

I just completed serving on a criminal case. We barely made it through the guilt/innocense stage without a mistrial. The next day when we got to sentencing the jury was hung and we had a mistrial. I strongly believe this should have happened prior to sentencing but I believe jurors were ''forced'' to change due their decision. We were all emotionally drained and tired after four days of testimony. I cannot stop thinking about this, and I am curious to know if there is anything that can be done at this point. Thanks for your time.


Asked on 11/22/08, 9:04 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Criminal Mistrial Question

There is nothing for the juror to do that will now change this outcome. I am sorry that your experience was draining, but it at least sounds as if the system worked, and jurors voted their conscience, not according to peer pressure. Usually at this stage, depending upon the vote tally, the ADA will decide whether to retry the case, and if so, if they will improve their plea bargaining position. The defendant would then have to consider whether to accept a better plea offer, or maintain his position, and go to trial again.

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Answered on 11/23/08, 12:11 pm


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