It learned where its case was weak and can attempt to correct that in a second trial. The findings of a second trial are binding. If the alleged crime is a felony, especially a violent crime such as a sexual assault , armed robbery, or if the crime involved child pornography , or child molestation , it will be challenging to escape media attention, which can taint the jury pool. Trials are expensive, time-consuming, and the prosecutor for the state has plenty of other cases waiting for their attention.
The state can remain confident that a defendant is guilty, but unsure if they will win a conviction at a second trial. In these situations, they may offer a new plea deal. The state may decide to dismiss the charges for numerous reasons after a hung jury.
If it was a relatively minor misdemeanor offense, the state might be unwilling to spend the resources a second trial will take. The state may also be unconvinced that they can win a conviction after seeing the outcome of the first trial. When the state dismisses charges, they have the option to do so with or without prejudice.
When the charges are dismissed with prejudice, the criminal charge cannot be prosecuted again. If the charges are dismissed without prejudice, it can be prosecuted again. When the charges are dismissed without prejudice, the state must bring charges within six months or before the statute of limitations expires, whichever is first. If you are facing criminal charges, or your last trial resulted in a hung jury, you need the skills and experience of a criminal defense lawyer in Arizona.
At least 10 jurors must agree on the verdict. But a hung jury is only one reason a mistrial may be declared. Another reason they may occur is if there was misconduct on the part of an attorney, for instance.
As stated previously, the Derek Chauvin trial is wrapping up, with jurors currently sequestered and deliberating on their verdict. There are several ways that a defendant may benefit from a hung jury. First, the government may choose not to have a second trial and may dismiss the case instead. This is only likely to happen if the jury that deadlocked had more votes for not-guilty than guilty.
Obviously, this is the best possible outcome, because the case is over. Short of dismissing the case, the government may make a more generous plea offer. This may look like a felony plea with minimal or no jail time, or a plea to a misdemeanor offense. In very serious cases, including gun cases, this may not be a likely outcome.
In other cases, a plea bargain may be reached after a mistrial has been declared. If neither of these things occur, the mistrial will end up leading to the defendant being tried on all of the same charges in another trial to be held at a later date. Double jeopardy does not apply in the event of a mistrial. This is because double jeopardy only applies when an individual has been convicted of a crime.
Once convicted, the individual cannot be tried for the same crime. A mistrial, however, does not result in a conviction. Therefore, the individual can be tried once again. The criminal justice process can seem endless.
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