Legal Question in Criminal Law in Florida

My son was on trial and when the jury came in the judge ask a do you have a verdict, the answer by the forman was yes. She handed the verdict form to the clerk and he read the form, which found my son NOT GUILTY, so say we all. The DA wanted the jury polled, and during this time one juor said she did not agree. The judge immediately declared a mistrial and dismissed the jury, instead as I have read and been told by attorneys that he should have sent them back to deliberate again. I have spoken to some of my sons friends who are attorneys, they have told me that the judge did not follow appropriate procedure and that the verdit should stand. Can you help me with a direction, my attorney who is good has never come across this, the judge admitted neither did he?

Can you help Please ?


Asked on 8/26/11, 5:03 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Actually I can't really give advice beyond general advice since your son needs to get these answers from his attorney. Generally speaking, though, I would agree with the other attorneys that the judge probably shouldn't have done that. Only his attorney that was there would know if it is proper. He was hired for his legal knowledge so he will have to research this but I'm sure he is aware of how a mistrial can cause a manifest injustice.

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Answered on 8/26/11, 6:52 am


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