In a misdemeanor assault case I set it for trial and it got continued twice and when it went to trial the jury was hung. Immediately after the verdict the prosecutor offered one year deferred probation but after a 3 day trial why would I accept probation. Now I guess the state plans to re try the case again. Are the any motions that can be filed to prevent this? Or any objections that can be brought before a judge to prevent retrial? Or does the state have all the leverage in this situation. Any information would be greatly appreciated.
After a hung jury, the state has the option of trying the case again, or negotiating a plea bargain, or dismissing it. In other words, the same options they had before the first trial, but with a little more pressure on them. There is no way that I know of to stop them if they want to try it again.
This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith Austin, Texas [email protected] (512) 457-0100
Hung jury is not double jeopardy and the state can re-try case. Perhaps your attorney can get prosecutor to "sweeten" the plea bargain offer to 9 months Deferred Prosecution, dismiss case and not re-file if you take an anger management class and agree to not oppose expungement of case from records.
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When a mistrial is declared as a result of a hung jury the state has the option of offering a plea, which you have rejected; retry the case; or dismiss the case. Your only options are accept the plea or prepare for trial, (assuming the state doesn't dismiss).
You should address all of these questions with your attorney.
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