A hung jury is one of the most critical and uncertain outcomes in a California criminal trial. When a jury cannot reach a unanimous decision, the trial does not end in a conviction or an acquittal. 

Instead, the court declares a mistrial, leaving the case temporarily unresolved and forcing both sides into a new procedural phase.

In California criminal trials, all 12 jurors must agree unanimously on a verdict. If even a single juror firmly disagrees after thorough deliberations, the judge may declare a deadlock under California Penal Code 1140.

Understanding why a hung jury occurs, whether the prosecution can retry the case, and what legal strategies apply next is vital to protecting your freedom. Below is a comprehensive guide provided by the criminal defense team at Cron, Israels & Stark in Los Angeles.

What Is a Hung Jury Under California Law?

A hung jury occurs when a criminal jury is "deadlocked" and unable to reach a unanimous verdict after full and fair deliberation.

Under California Penal Code 1140, a judge has the authority to discharge a jury and declare a mistrial only when it becomes clear that there is no reasonable probability the jurors will ever agree.

Why Do Juries Become Deadlocked?

Juries do not become hung simply because deliberations take time. Deadlocks typically happen due to:

• Conflicting Evidence: Irreconcilable differences in how physical or documentary evidence is interpreted.

• Disputed Witness Credibility: Jurors weigh conflicting testimony and reach opposite conclusions about who is telling the truth.

• Strong Minority Holds: One or more jurors holding a firm conviction for acquittal or guilt that the majority cannot sway.

What Happens After a Hung Jury?

A hung jury pauses the prosecution, but it is not an acquittal. Once a mistrial is declared, the case returns to pre-trial status, and several outcomes are possible:

1. The Prosecutor Decides Next Steps: The District Attorney must evaluate whether to retry the defendant, offer a plea bargain, or dismiss the charges entirely.

2. Bail and Custody Review: The judge will review the defendant's release status, potentially modifying bail or releasing the individual on their own recognizance while awaiting the next step.

3. Double Jeopardy Protections Do Not Apply: Because a mistrial is not a final verdict of guilt or innocence, double jeopardy does not bar the prosecution from retrying the case with a new jury.

Factors Influencing a Prosecutor's Decision to Retry

Before committing resources to a second trial, prosecutors weigh several critical factors:

• The Strength of the Evidence: Did the first trial expose fatal flaws or weaknesses in the state's case?

• The Final Jury Split: Was the jury heavily leaning toward acquittal (e.g., an 11–1 or 10–2 split for not guilty) versus a deadlocked tie (6–6)?

• Seriousness of the Charges: Felony cases with high public safety concerns are retried more often than minor infractions or low-level misdemeanors.

• Cost and Resources: Retrying a complex case requires significant time and financial investment.

Common Legal Strategies After a Hung Jury

A mistrial gives defense attorneys a powerful window of opportunity to reevaluate the case, exploit weaknesses exposed during the first trial, and advocate for a favorable resolution:

• Leveraging the Jury Split: If jurors leaned toward acquittal, defense counsel can use this leverage to demand a complete dismissal or a reduced plea bargain.

• Filing Pretrial Motions: Attorneys can file motions to suppress evidence or challenge legal rulings before a retrial begins.

• Refining the Defense Narrative: Utilizing transcripts from the first trial to cross-examine witnesses more effectively and dismantle inconsistent testimonies.

• Negotiating Reduced Charges: Engaging prosecutors early to explore alternatives to a second trial, such as infractions, lesser misdemeanor pleas, or diversion programs.

Frequently Asked Questions (FAQs)

Is a hung jury considered a win for the defense?

Not technically, as it does not end the case or result in an acquittal. However, it prevents an immediate conviction and signals that the prosecution struggled to prove guilt beyond a reasonable doubt, often positioning the defense favorably for negotiations.

How long do juries deliberate before a judge declares them hung?

There is no fixed timeline. Judges give juries ample time to deliberate and will often encourage them to review evidence further before concluding that a deadlock is permanent.

Can charges be dropped after a hung jury?

Yes. If the prosecution realizes their case is weak, key witnesses are unavailable, or a majority of the jury favored an acquittal, prosecutors frequently choose to dismiss the charges.

Will a second trial be identical to the first?

Not necessarily. Both the defense and the prosecution can alter their legal strategies, introduce new evidence, call different expert witnesses, or adjust their arguments based on what was learned during the initial trial.

How many jurors must agree for a verdict in California criminal cases?

All 12 jurors must agree unanimously to reach a guilty or not-guilty verdict. Anything short of complete unanimity results in a deadlocked jury and a mistrial.

Consult a Criminal Defense Lawyer

A hung jury creates a critical turning point in a criminal prosecution. Navigating the aftermath requires an aggressive defense strategy, meticulous analysis of trial transcripts, and skilled negotiation with the District Attorney's office.

The experienced criminal defense attorneys at Cron, Israels & Stark in Los Angeles are prepared to evaluate your trial results, protect your constitutional rights, and fight for the best possible outcome.

Schedule your consultation today by calling (424) 372-3112 or filling out our online contact form.