Sometimes, a judge may go straight to declaring a mistrial. If more time or more information for the jury does not lead to a unanimous verdict, the judge may then declare a mistrial. After a mistrial has been declared due to a hung jury, the prosecutor has the option of considering how to proceed.
In some cases, the prosecutor may end up dismissing the charges levied against the defendant. 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 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. Many criminal defense attorneys will offer a free case evaluation to help you determine the best path forward with your case. You have a right to a defense attorney, so do not attempt to represent yourself when there is so much at stake. Your Phoenix Criminal Defense Attorney request your free consultation. Jury Trials in Arizona In Arizona, those charged with criminal offenses are entitled to a trial by a jury of their peers.
Beyond a Reasonable Doubt The burden of proof is higher in criminal trials than in civil trials. A Hung Jury When all twelve jurors cannot reach a unanimous agreement about the verdict, then the trial ends in a hung jury. The Effect of a Hung Jury When the jury fails to reach an agreement unanimously, the judge will declare a mistrial. The state has three options after a hung jury. These options are: Try the case again Negotiate a plea deal Dismiss the charges The state retains the right to determine how they will proceed after a hung jury, and each of the three options has its pros and cons, depending on the case.
Trying the Case Again The state has an advantage if it tries the case a second time. Negotiate a Plea Deal Trials are expensive, time-consuming, and the prosecutor for the state has plenty of other cases waiting for their attention.
Dismiss the Charges The state may decide to dismiss the charges for numerous reasons after a hung jury. In some countries, the jury needs to be in unanimous agreement to render a verdict, particularly in criminal cases. This is usually the case in the United States.
Elsewhere, though, particularly in Canada and the United Kingdom, a majority agreement is enough. A situation where 10 out of 12 jurors agree on a particular charge may be sufficient in some places, for instance, whereas in others even a slight imbalance like this would be considered a hung jury. There are a number of reasons why juries become hung, and the problem often involves differences of opinion, different interpretation of evidence, and different impressions of the parties and their lawyers.
In some cases it may also be the result of personality conflicts or wildly divergent backgrounds and approaches to justice. A hung jury is usually considered bad for everyone involved, and as a result there are a couple of things lawyers and judges can do to prevent them.
One of the most important parts of this process is the actual jury selection, which usually happens well before the case is tried. Lawyers for both parties usually have the opportunity to interview and select the members of their jury from a pool of qualified people.
Lawyers for both sides tend to work together in the selection process to choose a jury that will be balanced and objective.
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