Can You Be Tried Again After a Mistrial
Many people who are facing a criminal charge are told by their lawyer that if they go to a jury trial, they cannot be institute guilty if only one out of the twelve jurors votes "not guilty." While that statement is truthful, what persons accused of crimes do non realize is that the aforementioned is true for a not guilty verdict. To be found non guilty, all twelve jurors must hold on that verdict.
So what happens if the jury cannot hold after hearing all of the bear witness at a trial? When this happens, the court declares a mistrial, which is often referred to every bit a "hung jury."
When a hung jury is the upshot in your instance, what happens side by side? You lot would retrieve since the prosecution could not bear witness you guilty, the charges should exist dismissed. Unfortunately, that is not the law in California.
What Happens After a Hung Jury Ruling at Trial?
Afterwards your first trial results in a hung jury, it is up to the prosecution to decide if they desire to accept a 2d fissure at having you constitute guilty. More than often than non, the prosecutor volition advise the court they wish to retry the example, and a new trial date will be set.
If the first trial ended in a loftier number of votes for not guilty (such every bit ten for not guilty and two for guilty), some judges may pressure the prosecutor to dismiss the case. Your lawyer may be able to fence that a new trial will not effect in new evidence beingness presented to the courtroom or new witnesses testifying, then why do prosecutors think they can alter the mind of 10 jurors to obtain a guilty verdict?
In some cases, this argument works, but judges oftentimes allow the case to become to a second jury trial.
Now, let'southward say there's a second trial for your case and that jury also cannot reach a verdict. Could the prosecution really drag the accused through a third trial? That is exactly what is happening right now in a federal case involving James Mazzo, a former CEO accused of insider trading.
Tin can You Have Three Trials for the Same Criminal Charge?
I calendar month after the jury was unable to reach a verdict in Mazzo's second trial, federal prosecutors asked the court to motion forward with a third trial.
In an society denying the defense force's motions to dismiss the case, U.S. Commune Judge Andrew J. Guilford cited U.s. five. Miller, 4 F3d 792, 794 (ninth Cir. 1993) and said:
"Despite the appealing nature of Mr. Mazzo'southward arguments, the oath taken by this approximate requires that he apply the police force as it exists. And unfortunately, the only time the 9th Circuit addressed this outcome directly, it concluded 'that the fact that a jury was hung by a six to six vote, or by 1 even more favorable to the defendant is not an adequate ground for dismissal under the court's supervisory powers.'"
Although the judge in this case expressed a desire to dismiss the charges, he is obligated to uphold the law, and previous court rulings established that he must permit a third trial in a federal criminal instance.
What Should Y'all Do if Afterward Your Trial Results in a Hung Jury?
Information technology costs a lot of money to hire a qualified criminal defense law business firm to defend y'all during a jury trial. Additionally, as the accused, you will accept to miss time from work and get through major stress if another trial takes identify.
That is why your criminal defence attorney should do everything in his or her own ability to not allow a second or third jury trial to take place in your case. In California, Penal Code Department 1385 gives judges more discretion to dismiss a case later there are two mistrials involving hung juries. If y'all or a loved one has faced a jury trial and at that place has been no unanimous verdict reached, your lawyer should exist making this motion to have the case dismissed.
Call the Experienced Criminal Defense force Attorneys at Wallin & Klarich Today
If you or a loved one has been defendant of a criminal offense, the criminal justice system could feel like an overwhelming, never-ending maze. That is why you should contact an experienced criminal defense chaser who tin help you navigate the court system. At Wallin & Klarich, our skilled and knowledgeable criminal lawyers take been successfully defending clients facing criminal charges for more than than 40 years. Let usa assist you now.
With offices in Orange Canton, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, our experienced criminal defense lawyers are available to help y'all no affair where you lot work or live.
Contact our constabulary firm today at (877) 4-NO-JAIL or (877) 466-5245 for a costless phone consultation regarding your case. Nosotros volition be in that location when you lot call.
Source: https://www.wklaw.com/can-you-be-tried-for-the-same-criminal-charges-more-than-once/
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