Los Angeles Criminal Law Blog


Criminal Jury Trials: Lawyers may Re-Argue Case to avoid Hung Jury

Posted on: January 21, 2008 at 7:45 p.m.

California criminal law requires a unanimous verdict - which means all 12 jurors must agree that the defendant on trial is either guilty or not guilty. If the jurors cannot reach a unanimous decision, the judge declares a mistrial and the DA must decide whether to reprosecute the case or not. In a retrial, the DA would have to call all the witnesses again, bring in all the physical, direct, and circumstantial evidence - in other words, do the trial from scratch, as if the first one never even happened. Obviously, the expense and time is great, and many prosecutors will seek to reach a plea bargain with a defendant, to avoid a retrial. As a result, for most Los Angeles Criminal Lawyers, a hung jury represents a de facto legal victory, which often results in a very favorable case disposition for the criminal client.

One way to avoid a hung jury in the first place is to allow the prosecutor and defense attorney the opportunity to reargue their positions in front of the jury, in attempt to clear up any confusion. This is generally more helpful for the prosecution, and the defense will object to the procedure. Recently the California Court of Appeal ruled a trial judge, in San Joaquin Court, did not abuse her discretion in reopening closing argument in order to break a jury deadlock in a criminal case. The court affirmed a defendant's robbery conviction, which resulted in a 25-year-to-life prison sentence under the Three Strikes Law. In doing so, it rejected the defense argument that there was no statutory support for the judge's decision to allow a new round of closing argument after jurors reported that they were deadlocked.

Prosecutors charged defendant with robbing a USA Gas Station in Lodi, with Hayes using a firearm and Young a BB gun that simulated a firearm. A police officer who knew defendant and his family identified him from a photo that was made from a surveillance tape, and the two clerks who were working at the time of the robbery identified him from a photo array. A police detective testified to an unrecorded interview in which defendant
admitted his involvement, said he was sorry, identified a co-Defendant as the other robber, and suggested he would

Tagged as: motion to dismiss unlawful police search

Comments:

Tania Bakar on May 11, 2009 at 10:25 p.m. wrote:

I think Criminal Law is extremely interesting, and I think it is even more interesting to be a Criminal Defense Attorney. It has to be really difficult to defend a person, where in the eyes of many people seems to be an outsider or a perpetrator of humanity. I can only imagine how hard it would to argue a case that has to convince 12 people that your client is innocent or to lessen his/her sentencing. I was not really aware that a defense attorney has the opportunity to re-argue his/her case. This definitely does seem to be more favorable to the defendant. However, it would be overall more beneficial for everyone to avoid a hung jury in the first place. Employing some of the concepts and strategies that Gerry Spence talks about such as tapping into the heart-zone, delivering a power argument, envisioning a win, etc. These tactics are very important because Spence has shown that these strategies can definitely help one to win an argument. This law about having a unanimous verdict to me really seems to protect the rights of the accused, because it does not allow a person to be found guilty under something like a 7 -5 vote, which reflects less certainty of whether the defendant committed the crime or not.









Eisner Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.

Los Angeles County, CA: Agoura, Altadena, Alhambra, Bellflower, Beverly Hills, Burbank, Calabasas, Century City, Chatsworth, Compton, Culver City, Diamond Bar, Downey, Downtown Criminal Court, El Segundo, East Los Angeles, Eastlake, Encino, El Monte, Glendale, Glendora, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Inglewood, Los Angeles Lawyer, La Canada, LAX Court, Los Padrinos, Long Beach, Los Angeles Attorney, Malibu, Manhattan Beach, Marina Del Rey, Newhall, Norwalk, Palos Verdes, Pasadena, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, San Dimas, San Fernando, San Marino, San Pedro, Santa Clarita, Sherman Oaks, Sierra Madre, Santa Monica, South Gate, South Pasadena, Sylmar, Torrance, Universal City, Valencia, Van Nuys, West Covina, West Hollywood, Walnut, Westchester, West Hollywood, Westlake Village, Whittier, Woodland Hills, California. Orange County, CA: Anaheim, Anaheim Hills, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine Attorney, Laguna Beach, Laguna Hills, Laguna Niguel, La Habra, La Palma, Mission Viejo, Newport Beach, Orange, Orange County Lawyer, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Tustin, Villa Park, Westminster, Yorba Linda, California. Ventura County, CA: Camarillo, Moorpark, Oxnard, San Buenaventura, Simi Valley, Thousand Oaks, Westlake Village. San Bernardino County, CA: Ontario, Rancho Cucamonga, Upland.

Call Today! Free Immediate Response.  (818) 781-1570 / Available 24/7

Confidential
Consultations
877-781-1570

Clients' Ratings 10/10 Superb Recognition


Rated Top 2.5% Law Firm in California


Our firm has the Highest Rating ("A.V. Preeminent") from Martindale-Hubbell, a national lawyers' review company, for professionalism, ethics, and competence.

peer review



Certified Specialist Criminal Law and Defense, State Bar of California Legal Specialization

legal specialization

Firm partners provide legal commentary on national television and radio. The firm has also litigated a number of high-profile criminal defense matters which have been covered by the media.



Criminal Defense Court Victories - Part 1

Additional Defense Court Victories - Part 2

Additional Defense Court Victories - Part 3

LA DUI Defense Court Victories

Linkedin Professional Proflle
View DMITRY GORIN's profile on LinkedIn



Firm Fan Page & News




Our Criminal Defense Partners



Alan Eisner



Dmitry Gorin


Prior Criminal Law Posts

  • arrest warrant (2)
  • arson pc 451 (1)
  • assault (1)
  • bail and release (5)
  • bench warrants (4)
  • california criminal laws (48)
  • child pornography pc 311_11 (11)
  • counterfeit goods pc 350 (14)
  • domestic violence pc 273_5 (7)
  • driving under the influence of alcohol (DUI) (1)
  • drug addiction and treatment (2)
  • drug crimes defense (23)
  • dui drunk driving defense vc 23152 (4)
  • faq (20)
  • federal law and defense (25)
  • firearms crimes (None)
  • gang allegations (8)
  • high profile defense (8)
  • immigration consequences (12)
  • internet crimes defense (4)
  • jury trial defense (34)
  • juvenile crime (1)
  • juvenile law (5)
  • los angeles child pornography defense attorney (3)
  • los angeles criminal defense attorney (23)
  • los angeles drug crimes defense attorney (4)
  • los angeles drug laws (1)
  • los angeles drug offense (1)
  • los angeles embezzlement (2)
  • los angeles federal crime defense lawyer (1)
  • los angeles marijuana laws (1)
  • los angeles medical fraud defense attorney (1)
  • los angeles medical marijuana attorney (3)
  • los angeles medical marijuana dispensary (1)
  • los angeles murder defense (1)
  • los angeles paparazzi law (1)
  • los angeles police brutality defense (1)
  • los angeles sex crime defense attorney (9)
  • los angeles violent crime defense attorney (6)
  • los angeles warrant (1)
  • los angeles white collar defense attorney (3)
  • medical marijuana (1)
  • medicinal marijuana laws (2)
  • motion to dismiss unlawful police search (12)
  • police misconduct (3)
  • pornography (1)
  • probation and sentencing laws (11)
  • resisting arrest pc 148 (2)
  • riverside kidnapping defense attorney (1)
  • san fernando violent crime defense lawyer (1)
  • sex crime accusations (37)
  • sex crimes (3)
  • theft (16)
  • three strikes laws (6)
  • untagged (2)
  • vandalism pc 594 (5)
  • violent crimes defense (24)
  • white collar crime fraud theft laws (22)



  • Local Courthouse Specialist: Specializing in Van Nuys, San Fernando, Sylmar Juvenile, and all other valley courtrooms.Email