Can You Be Tried for the Same Criminal Charges More Than Once?

Many people who are facing a criminal charge are told by their lawyer that if they go to a jury trial, they cannot be found guilty if just one out of the twelve jurors votes “not guilty.” While that statement is true, what persons accused of crimes do not realize is that the same is true for a not guilty verdict. To be found not guilty, all twelve jurors must agree on that verdict.

So what happens if the jury cannot agree after hearing all of the evidence at a trial? When this happens, the court declares a mistrial, which is often referred to as a “hung jury.”

When a hung jury is the result in your case, what happens next? You would think since the prosecution could not prove you guilty, the charges should be dismissed. Unfortunately, that is not the law in California.

What Is a Hung Jury? 

In most jurisdictions, a unanimous jury decision is required for a verdict to be given, meaning all jurors must agree on whether the defendant is guilty or not. A hung jury, also known as a deadlocked jury, is a jury whose members are unable to agree on a verdict of guilty or not guilty. 

What Happens in a Hung Jury? 

If there is a hung jury, the judge may order the jurors to deliberate further. This is known as an Allen charge and is generally only given once or twice. Often, juries will report that they are deadlocked after only deliberating for a short period of time. An Allen charge urges the jurors to further reconsider their vote, especially if they are in the minority. Sometimes, the judge may even schedule a hearing where the jurors can ask questions to the parties involved. 

If the jury still cannot reach a verdict after further deliberation, the judge can declare a mistrial due to the hung jury. A mistrial means that the defendant is neither convicted or acquitted. When this happens, the parties are returned to the positions they occupied before the trial began, so the prosecution may decide to either retry the case, enter into a plea bargain with the defendant, or dismiss the case.

What Happens After a Hung Jury Ruling at Trial?

After your first trial results in a hung jury, it is up to the prosecution to decide if they want to have a second crack at having you found guilty. More often than not, the prosecutor will advise the court they wish to retry the case, and a new trial date will be set.

If the first trial ended in a high number of votes for not guilty (such as 10 for not guilty and 2 for guilty), some judges may pressure the prosecutor to dismiss the case. Your lawyer may be able to argue that a new trial will not result in new evidence being presented to the court or new witnesses testifying, so why do prosecutors think they can change the mind of 10 jurors to obtain a guilty verdict?

In some cases, this argument works, but judges often permit the case to go to a second jury trial.

Now, let’s say there’s a second trial for your case and that jury also cannot reach a verdict. Could the prosecution actually 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.

Is a Hung Jury a Good Sign? 

Sometimes, a hung jury can signal a positive outlook for the defendant. For example, if 11 jurors voted in favor of acquittal and only one juror voted to convict, the prosecution may see it as a sign not to try the case again. Thus, the case may be dismissed or the defendant may be offered a plea bargain. In any case, a hung jury is better than a conviction. Undoing a conviction is very difficult, and an appeal is not guaranteed.

What Happens If a Jury Is Hung Twice? 

Generally, it is rare for a hung jury to occur, let alone occur twice for the same proceeding. Often, juries will report that they are deadlocked after only deliberating for a short period of time. If there is a hung jury, the judge may order the jurors to deliberate further. This urges the jurors to reconsider their vote, especially if they are in the minority. Sometimes, the judge may even schedule a hearing where the jurors can ask questions to the parties involved. 

If the jury still cannot reach a verdict after further deliberation, the judge can declare a mistrial due to the hung jury. A mistrial means that the defendant is neither convicted or acquitted. When this happens, the parties are returned to the positions they occupied before the trial began, so the prosecution may decide to either retry the case, enter into a plea bargain with the defendant, or dismiss the case. 

If this happens twice, it may signal a positive outlook for the defendant. For example, if 11 jurors voted in favor of acquittal and only one juror voted to convict, the prosecution may see it as a sign not to try the case again. Thus, the case may be dismissed or the defendant may be offered a plea bargain. 

Can You Have Three Trials for the Same Criminal Charge?

One month after the jury was unable to reach a verdict in Mazzo’s second trial, federal prosecutors asked the court to move forward with a third trial.

In an order denying the defense’s motions to dismiss the case, U.S. District Judge Andrew J. Guilford cited United States v. Miller, 4 F3d 792, 794 (9th Cir. 1993) and said:

“Despite the appealing nature of Mr. Mazzo’s arguments, the oath taken by this judge requires that he apply the law as it exists. And unfortunately, the only time the 9th Circuit addressed this issue directly, it concluded ‘that the fact that a jury was hung by a six to six vote, or by one even more favorable to the defendant is not an adequate basis 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 case.

What Should You Do if After Your Trial Results in a Hung Jury?

It costs a lot of money to hire a qualified criminal defense law firm to defend you during a jury trial. Additionally, as the accused, you will have to miss time from work and go through major stress if another trial takes place.

That is why your criminal defense attorney should do everything in his or her own power to not allow a second or third jury trial to take place in your case. In California, Penal Code Section 1385 gives judges more discretion to dismiss a case after there are two mistrials involving hung juries. If you or a loved one has faced a jury trial and there has been no unanimous verdict reached, your lawyer should be making this motion to have the case dismissed.

Contact Wallin & Klarich Today 

Do not wait for others to determine your future. The best way to avoid a conviction is to obtain a skilled defense attorney who can get your case dismissed before it reaches trial. With 40+ years of experience, Wallin & Klarich is your best choice among Southern California criminal defense firms. Our attorneys have helped thousands of clients dismiss their criminal charges with great success. We understand how tough these cases can be, but we will do everything in our power to help you achieve the best possible results so that you never need to worry. 

With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you. 

Contact our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation regarding your case. We will be there when you call.