A hung jury can be one of the most confusing and uncertain outcomes in a California criminal case.
When jurors cannot reach a unanimous decision, the trial does not end with a conviction or an acquittal—instead, it results in a mistrial. This leaves the case unresolved and raises critical questions about what happens next.
In California, criminal convictions require a unanimous verdict. If even one juror disagrees after thorough deliberation, the court may declare a deadlock under California Penal Code 1140.
At that point, the judge can dismiss the jury, and the case moves into a new phase where prosecutors must decide whether to retry, reduce, or dismiss the charges.
Understanding how a hung jury works is essential if you or a loved one is facing criminal charges. The outcome can significantly impact your legal strategy, potential penalties, and the overall trajectory of your case.
The friendly criminal defense attorneys at Cron, Israels & Stark, based in Los Angeles, are ready to assist you. Feel free to schedule a consultation by filling out the contact form or giving us a call at (424) 372-3112.
Below, we break down what a hung jury means, why it happens, and what you should expect moving forward.
What Is a Hung Jury?
A hung jury occurs when jurors in a criminal trial fail to reach a unanimous verdict after full and fair deliberation. In California, all 12 jurors must agree on a guilty or not-guilty verdict. If even one juror disagrees and the group cannot resolve that disagreement, the jury is considered “deadlocked.”
Under California Penal Code 1140, a judge may declare a hung jury and dismiss the panel if there is no reasonable probability that the jurors will reach a unanimous verdict. This results in a mistrial, meaning the case ends without a final decision.
When does a jury become “hung”?
A jury is not considered hung simply because deliberations are difficult or take time. Judges typically:
- encourage continued deliberation
- allow jurors to review evidence again
- may issue additional instructions to help clarify the law
Only after it becomes clear that further discussion will not resolve the disagreement will the court declare a hung jury.
Common reasons juries become deadlocked
Hung juries often happen when:
- evidence is conflicting or unclear
- witness credibility is disputed
- jurors interpret the law differently
- one or more jurors firmly hold a minority position
Why a hung jury matters
A hung jury does not mean the defendant is guilty or innocent. Instead, it reflects that the prosecution did not convince all jurors beyond a reasonable doubt. This outcome can significantly affect what happens next, including whether the case is retried, reduced, or dismissed.
In short, a hung jury pauses the case—but it does not resolve it.
What Happens After a Hung Jury?
When a jury cannot reach a verdict, the judge will declare a mistrial. From there, several outcomes are possible.
Mistrial declared
The court formally ends the trial without a verdict due to the deadlocked jury.
Prosecutor decides next steps
The prosecutor can choose to:
- retry the case with a new jury
- negotiate a plea agreement
- dismiss the charges entirely
Bail and custody status
The judge will decide whether the defendant remains in custody, is released, or has bail modified while the case is pending.
Example of a Hung Jury Scenario
Example 1
In a DUI case, 11 jurors find the defendant guilty, but one juror finds the evidence insufficient. After days of deliberation, the jury cannot reach a verdict, resulting in a mistrial.
Example 2
In an assault case, the jury is split evenly due to conflicting witness testimony. The prosecution may decide the case is too weak to retry and dismiss the charges.
Example 3
In a serious felony case, such as robbery, the prosecution may choose to retry the case with a stronger strategy after a hung jury.
Can You Be Tried Again After a Hung Jury?
Yes. A retrial is allowed because a hung jury does not trigger double jeopardy protections. Double jeopardy only applies when there is a final verdict of guilty or not guilty.
This means prosecutors can legally pursue the case again, often using:
- additional evidence
- different legal strategies
- revised witness testimony
Factors That Influence a Retrial Decision
Prosecutors consider several factors before retrying a case:
- strength of the evidence
- seriousness of the charges
- number of jurors favoring conviction vs acquittal
- credibility of witnesses
- cost and resources required for another trial
If the case appears weak or unlikely to succeed, dismissal or a reduced charge may be more likely.
Related California Crimes and Legal Issues
A hung jury can arise in virtually any criminal case, including:
DUI Charges – California Vehicle Code 23152
Often involve disputes over BAC levels or impairment evidence.
Assault and Battery – California Penal Code 240
Cases may hinge on conflicting witness accounts.
Domestic Violence – California Penal Code 273.5
Juries may struggle with credibility issues or lack of physical evidence.
Theft and Fraud Offenses – California Penal Code 484
Complex financial evidence can lead to disagreement among jurors.
Common Legal Strategies After a Hung Jury
A hung jury creates a critical turning point in a criminal case. Because the trial ended without a conviction or acquittal, both the defense and prosecution must reassess their positions before deciding how to proceed.
For the defense, this is often an opportunity to strengthen the case, exploit weaknesses in the prosecution's evidence, and push for a more favorable outcome.
Reevaluate the prosecution's case
A hung jury often reveals that the prosecution struggled to prove guilt beyond a reasonable doubt. Defense attorneys closely analyze:
- how the jury was split (if known)
- which arguments resonated or failed
- weaknesses in witness testimony or physical evidence
This insight can be used to refine the strategy for a potential retrial.
Strengthen the defense strategy for retrial
If the case is retried, the defense may:
- adjust cross-examination of key witnesses
- present new or previously unused evidence
- refine arguments that created a reasonable doubt
- simplify complex issues that may have confused jurors
The goal is to build on what worked in the first trial while correcting any gaps.
File pretrial motions to limit evidence
After a mistrial, the defense can file motions to exclude certain evidence or statements. If successful, this can weaken the prosecution's case before a retrial even begins.
Negotiate for reduced charges or dismissal
A hung jury can create leverage in negotiations. Prosecutors may be more willing to:
- reduce charges to lesser offenses
- offer favorable plea agreements
- dismiss the case if conviction appears unlikely
This is especially true if the jury leaned heavily toward acquittal.
Highlight reasonable doubt
The fact that jurors could not agree often supports the argument that reasonable doubt already exists. Defense attorneys can use this to:
- persuade prosecutors not to retry the case
- strengthen arguments in future proceedings
- position the case for a better outcome at trial
Prepare for a different jury dynamic
A second trial will involve a completely new jury. The defense must adapt its presentation to ensure:
- clearer storytelling of the facts
- stronger emphasis on key weaknesses in the case
- improved communication of legal standards
Address prior trial issues
If there were procedural problems, juror confusion, or evidentiary disputes in the first trial, the defense can take steps to correct them moving forward.
A hung jury is not the end of the case, but it can be a powerful advantage for the defense. With the right strategy, it may lead to reduced charges, dismissal, or a stronger position in a retrial.
Frequently Asked Questions
Is a hung jury a win for the defense?
Not exactly. While it prevents a conviction, it does not end the case. However, it can be a positive sign that the prosecution may have difficulty proving guilt beyond a reasonable doubt.
How long do juries deliberate before becoming hung?
There is no fixed timeframe. Judges typically allow juries to deliberate as long as there is a reasonable chance of reaching a verdict.
Can charges be dropped after a hung jury?
Yes. Prosecutors may dismiss the case if they believe a retrial is unlikely to result in a conviction.
Will the second trial be the same as the first?
Not necessarily. Both sides can adjust their strategies, present different evidence, or call new witnesses.
How many jurors must agree for a verdict in California?
All 12 jurors must agree unanimously in criminal cases. Anything less results in a hung jury.
Take Action if You Are Facing a Retrial
If your case resulted in a hung jury, you are in a critical position. The prosecution must decide whether to proceed, and your defense strategy can significantly influence that decision.
Taking immediate action with an experienced criminal defense attorney can help you:
- evaluate the strengths and weaknesses of the case
- negotiate for reduced charges or dismissal
- prepare for a potential retrial with a stronger defense
Understanding your options after a hung jury can make a decisive difference in the outcome of your case.
Your best hope for a favorable outcome is to work with an experienced California criminal defense attorney at Cron, Israels & Stark. To schedule a consultation, call (424) 372-3112 or use the contact form.
