Legal Question in Criminal Law in California

Jury Deliberation

A defendant is charged with 2 counts.

The jury can agree on a guilty

conviction for the first count but is

deadlocked on the second count. What

happens then?


Asked on 12/20/08, 6:49 pm

1 Answer from Attorneys

Quentin Simms LAW OFFICES of QUENTIN B. SIMMS & ASSOCIATES

Re: Jury Deliberation

1. He is convicted of the 1st count upon which they agree;

2. Not convicted on the count upon which the jury "hung" or as you stated deadlocked whether it is for guilty, not guilty or an even split.

3. The prosecutor has an option to retry the deadlocked count.

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Answered on 12/24/08, 3:04 am


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