September 29, 2023 By Wallin & Klarich

What A “Hung Jury” Means For Your Case

In the majority of legal jurisdictions, a unanimous decision by the jury is necessary to render a verdict, indicating that all jurors must reach a consensus on whether the defendant is guilty or not. A hung jury, alternatively referred to as a deadlocked jury, occurs when the jurors are unable to reach such a unanimous decision regarding the defendant’s guilt or innocence.

Choosing Wallin & Klarich to represent your case puts you in the best position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL  for your free appeal consultation! 

What if my case ends in a hung jury?

In the event of a hung jury, the judge may instruct the jurors to continue their deliberations, which is referred to as an Allen charge and is typically given once or twice. It is common for juries to announce a deadlock after only a short period of deliberation. The purpose of an Allen charge is to encourage jurors, particularly those in the minority, to reconsider their vote. In some cases, the judge may organize a hearing where jurors can pose questions to the parties involved.

If further deliberation fails to yield a verdict, the judge has the authority to declare a mistrial due to the hung jury. A mistrial means that the defendant is neither convicted nor acquitted. Consequently, the parties are returned to their pre-trial positions, allowing the prosecution a few choices: 

  • Retry the case,
  • Negotiate a plea agreement with the defendant, or
  • Dismiss the case all together

Is a hung jury good or bad for my case?

A hung jury can be a good thing for your case. If the majority of jurors voted in favor of acquittal, this can be a sign to the prosecution not to retry your case. This could result in either a plea deal or dismissal of your case. 

On the other hand, a hung jury with most jurors voting in favor of conviction can be a sign to the prosecution to retry your case. This may lead to prolonged legal proceedings as the prosecution could decide to retry the case. This means additional months or even years of uncertainty for you. The stress and anxiety related to facing another trial can also place a significant psychological toll on you and your loved ones. Furthermore, retrials are typically costly, which could result in financial strain. Finally, your reputation may continue to be tarnished in the public eye during this process, affecting personal and professional relationships.

However, a hung jury is always better than a conviction. A hung jury gives the defendant more opportunities for a plea bargain, acquittal, or in some cases dismissal. Once convicted, it is extremely hard to overturn the conviction, and an appeal is not guaranteed. Our attorneys at Wallin & Klarich have 40+ years experience representing cases like yours, and know the best strategies to take for the best possible outcome. Plus, we offer payment options to help you manage the cost of hiring an Irvine defense attorney. Contact us today to see how we can help you!

Contact Wallin & Klarich Today 

If you need a defense attorney with experience, look no further. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients with their plea bargains and the rest of their cases. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case. 

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

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