DEMO BUILD · corrected architecture · not attached to production DNS · noindex/nofollow · see all page types
AttorneysOnline.Directory
Home / Answers / Legal Commentary / Hung Jury Procedures: Critical California vs. New York Differences
Legal Commentary · answered on camera

Hung Jury Procedures: Critical California vs. New York Differences

Quick answer

What happens after a hung jury? The prosecution can usually retry the case, explains San Bernardino attorney Kirk Tarman—but not indefinitely. He notes hung juries are fairly common, perhaps 10–15% of trials, and often amount to a win for the defense, since even one holdout signals reasonable doubt. The jury's split heavily influences whether prosecutors refile or drop it.

Excerpt summaries from the video and transcripts · how we make them

Answered by Kirk Tarman · San Bernardino County, CA

Highlights

1:11

— how a prosecutor adds lesser charges as a fallback for the jury

2:34

— why the defense sometimes wants those lesser charges included

8:18

— the prosecution's options after a hung jury, including retrial

9:19

— why they pick jurors who are leaders and think for themselves

10:34

— why a hung jury can still be a win: one juror saw reasonable doubt

Frequently Asked Questions

What happens after a hung jury?

The prosecution can usually retry the case, but not indefinitely—hung juries are fairly common, perhaps 10 to 15% of trials, and often amount to a win for the defense.

Why add lesser charges for the jury?

A prosecutor adds lesser charges as a fallback so the jury has an option short of the top charge if they can't agree on it.

Why might the defense want lesser charges?

Because a lesser charge can give the jury a reasonable off-ramp to a lighter conviction rather than the most serious count.

What jurors do they look for?

Leaders who think for themselves, since a strong, independent juror can hold firm.

Is a hung jury a defense win?

Often yes—even one holdout signals reasonable doubt, and the jury's split heavily influences whether prosecutors refile or drop it.

→ Full interview on Attorneys.Media

Contact Kirk Tarman
Answered by

Kirk Tarman
The Law Offices of Kirk Tarman & Associates

32 filmed answers · full profile →

Build note · one page per video, built from the directory database: this video’s own Quick answer, Law update where one applies, Highlights and Q&A, attributed to its attorney. Nothing on it is quoted verbatim and no interview text is reproduced — the full interview stays on Attorneys.Media, linked above.