When a felony or misdemeanor case goes to trial in Larimer, Boulder, or Grand County, a guilty or not guilty verdict are not the only possible conclusions. Sometimes, the trial ends in a mistrial by hung jury. Read more about a jury trial from the American Bar Association.
What is a Hung Jury / Mistrial in Larimer County?
A hung jury occurs when the jurors in a trial cannot come to an agreement about a verdict. This only happens after all the facts of the case have been presented. After both the prosecution and defense and have presented their case with witnesses and evidence, the jury is required to discuss the facts and come to an agreement about the guilty or not guilty verdict. If after a deliberation the jury cannot agree, it is considered a mistrial by hung jury.
There are a number of reasons why a jury may not be able to come to a unanimous decision. Think about trying to get 12 people to come to the exact same conclusion when given facts, opinions, and testimony that present two different sides. It is not an easy task, I’m sure. Jurors may have different opinions about certain conclusions or different interpretations of the evidence. They may also get caught up in their impressions of the defendant, lawyers or witnesses. History plays a part in everyone’s life and trying to get a number of people with different histories and views on life to reach one decision can be a difficult task.
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What Happens After a Jury Cannot Come to a Unanimous Decision and a Mistrial is Declared?
Sometimes, when a jury returns from deliberation without having made a decision, the judge will ask the jury to reconsider in the hopes that more time might allow some jurors to change their mind. If this does not change the jurors’ minds or the jury remains in a deadlock, the judge may declare a mistrial.
Mistrial: What Comes Next in a Fort Collins Trial?
If a judge declares a mistrial in Fort Collins, Loveland, or Estes Park, the entire trial process starts over again. This can be an expensive and time-consuming outcome to fund a second trial. A new set of jurors must be chosen and the defense and prosecution has to present their case again – all within 90 days from the mistrial. This means everyone – like witnesses and experts involved in the first trial have to be re-subpoenaed and paid (if appropriate) to appear at the new trial.
A Hung Jury: How Can It Be Avoided?
While no criminal defense attorney, defendant, prosecutor or judge can see into the future, there are some steps a knowledgeable criminal defense attorney can take to give you the best chance at your criminal trial. Jury selection is key. An experienced criminal defense attorney knows what questions to ask a potential juror and spends time building a jury that gives their client the best chance possible.