Legal Question in Criminal Law in Maryland

if the jury was not fully read their allen charges correctly can we request a new trial?

if the jury came to unanimous decision twice and said it was impossible for them to come to a verdict what is the judge instructed to do? if the description that the victim gave of the suspect is totally off ex(5'2 165 and the actually size of the suspect is 6'1 240) do the court have the right to hold him and if the clothes that the victim says that suspect is wearing was never discovered and he was caught 53 minutes after the crime and when the suspect was caught he didn't have on the clothes that the victim said he was wearing nor did the description fit him.


Asked on 7/24/09, 10:46 am

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

If the jury deadlocked, an Allen charge was requested, and the court decided to give an Allen charge, then the court should follow the pattern instructions when it instructs the jury. A defendant may request a new trial within ten days of verdict or take an appeal within thirty days of sentence on this or any other issue that the defense has.\n\nWhether to hold a defendant is a question of probable cause (not proof beyond a reasonable doubt), the risk of the defendant will fail to appear for court, and the risk that the defendant poses to public safety. Probable cause is a legal question about whether there is evidence that a crime was committed and that the defendant is the person who committed it. However, a probable cause hearing is not a trial, and the defense may not present evidence on the issue of probable cause, even if that evidence would show that the defendant is innocent. Defense evidence is for trial.

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Answered on 7/31/09, 7:35 am


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