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A friend of mines is on trial for aggravated assault w/ deadly weapon. If one juror says guilty does that mean he is going

Houston, TX |

A friend of mines is on trial for aggravated assault w/ deadly weapon along with felon possess weapon and could be sentenced to go to prison. If one juror says guilty does that mean he is going to prison? Does it have to be all of the jurors to say Not Guilty to avoid prison time?

Attorney Answers 6

Posted

I don't practice in TX, but I understand that in TX criminal juries for felony cases must be unanimous, which means ALL jurors must agree on a verdict.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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Asker

Posted

Thank you for your reply. Deliberation took 5 hours on Friday and they have to pick it up on Monday. This sounds like great news for my friend.

Anthony Michael Solis

Anthony Michael Solis

Posted

Good news, not great until it really drags out. But so far so good.

Posted

Jury verdicts must be unanimous either way. If they cannot reach a verdict the state can try him again.

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Posted

Thank you for your reply. If the state decides to do a retry, is that normally known immediately after the verdict or it can be when ever. If so, does this restrict him from leaving TX to live somewhere else. He is from another state

Posted

These gentlemen are right in that all of the jurors must agree on the verdict to convict or acquit your friend. If they don't have a unanimous verdict, then it would be a hung jury and the trial would start all over again. If they all say not guilty, that's it. Case over. However, if they all say guilty to the aggravated assault, then it goes to the second phase of the trial, which is punishment.

In the punishment phase, the verdict must also be unanimous. If they go with more than 10 years, then it's automatically prison time. If it is less than 10 years, then they can ask the judge to give him probation or prison.

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Asker

Posted

Thank you for your reply. It took them 5 hours Friday to deliberate and they still have not come back with the verdict. I guess at least one person says that he is not guilty. I guess I need to prepare for his arrival. Ty

Deepali Meenu Walters

Deepali Meenu Walters

Posted

You're welcome.

Asker

Posted

Hi, His trial was a hung jury and the prosecutor is asking for a retrial. How many times can the prosecutor do a retrial on the same case?

Deepali Meenu Walters

Deepali Meenu Walters

Posted

As many times as there is a mistrial.

Asker

Posted

Does that normally mean that each retrial that it is another cost to pay the attorney or is it all covered under the original fee

Deepali Meenu Walters

Deepali Meenu Walters

Posted

That's between him and his attorney. It depends on what they contracted. I know I wouldn't try cases indefinitely and not expect to be paid for my services.

Asker

Posted

yeah, I understand that. It just seems like there would be some kind of limit on retrial if it is a hung jury or mistrial. That is very unfortunate. Thanks

Deepali Meenu Walters

Deepali Meenu Walters

Posted

You're welcome. Good luck to your friend.

Posted

If one person says "guilty" we call that a hung jury--assuming that one person refuses to budge off of their position. The DA can retry with a different jury.

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Posted

Thank you for your reply. If the prosecutor has to do a retry with a different jury, does that mean that my friend can not leave Houston, TX to live in another state?

Asker

Posted

Hi, His trial was a hung jury and the prosecutor is asking for a retrial. How many times can the prosecutor do a retrial on the same case?

Posted

One guilty vote is not enough, all must vote guilty for a conviction. If only one or less than all vote guilty there is no conviction - but a retrial is always a possibility.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

Thank you for your reply. He is an out of towner so if he is released, will he have to be monitored or report in just in case the state would like to retry him? Also, is there a limitation as to how long the state has to decide to retry him

Posted

Simply put, if all jurors vote guilty the defendant is found guilty. If any one of the jurors vote not guilty, the jury is considered "hung" and the case may be tried again in front of a different jury if the prosecuting office decides to try again.

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