Criminal Law/hung jury trial

Advertisement

Expert: - 8/15/2009


Question
I live in North Carolina and I rrecently heard that someone accused of beating someone to death was released after a hung jury trial. I thought they would automatically stay in jail to await another trial. What happens after a hung jury trial?
                                              Thanks,
                                              Walter

Answer
A lot of things can happen after a jury returns a split verdict (hung jury).  The defense could ask for a lesser bond and the judge could grant it.  The judge could release the defendant without any bond pending the prosecutors decision to try the person again.  The jury could have been polled and if the majority had voted for acquittal the prosecution could have agreed that the defendant should be released pending their decision to try him again.  Or lastly the prosecution could decide not to try the defendant again but that decision is usually not made in the courtroom.  Its usually decided in the weeks after the first trial.

Criminal Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

©2012 About.com, a part of The New York Times Company. All rights reserved.