A hung jury is a jury that cannot reach a verdict, even after long deliberation, due to internal dissent. Some call this a hung jury, while others call it a deadlocked jury. Both terms refer to the same situation. Although a hung jury might be good news for a criminal defendant with a strong case against them, it doesn’t necessarily mean the prosecutor will drop charges. 

The Right to Trial By Jury

In the United States, you enjoy the right to trial by jury from the U.S. Constitution as follows:

Article I, Section 5 of the Ohio Constitution also guarantees you the right to trial by jury. Even without the state constitutional right to trial by jury, the 14th Amendment of the federal constitution guarantees you this right anywhere in the United States, including Ohio. Nevertheless, you can voluntarily waive a trial by jury and opt instead for a bench trial. In a bench trial, the judge decides the case, not a jury. 

The Prosecution’s Burden of Proof in a Criminal Trial

In a criminal trial, the prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt, the highest standard in the legal system. This means the evidence presented must be so convincing that no reasonable person would question the defendant’s guilt. In a jury trial, the prosecution must persuade every juror of this certainty; otherwise, the defendant cannot be convicted. This standard exists to protect individuals from wrongful convictions, ensuring that no one is punished based on mere suspicion or insufficient evidence.

Size of the Jury

If you face trial for a misdemeanor (only), the jury will consist of eight jurors. If you face trial for a felony, the jury will consist of 12 jurors. It will also consist of 12 jurors if you face both a misdemeanor and a felony charge (first offense OWI and vehicular homicide, for example).  

The Requirement of Jury Unanimity

The Sixth Amendment to the US Constitution, which was applied to Ohio through the 14th Amendment, requires a unanimous jury decision to convict a criminal defendant of a felony. Ohio law requires jury unanimity for all criminal cases, including misdemeanors. This requirement would naturally apply to any DUI (OWI) defendant, even a first offender.

Hung Juries

Since Ohio requires a jury to issue a unanimous verdict to convict a criminal defendant, a hung jury is a jury that cannot reach a unanimous verdict. That means even a single dissenter can “hang” the jury. If the jury returns from deliberations without a unanimous verdict, the judge will typically issue further instructions (known as an Allen charge or a dynamite charge) and order them to return to deliberations. 

If the jury absolutely cannot reach a unanimous decision even after long deliberation, it is “hung,” and the judge will declare a mistrial. A mistrial is not the same as an acquittal. Instead, the legal system treats a mistrial as if no trial had ever occurred.

Double Jeopardy Does Not Apply to a Mistrial

Double jeopardy occurs when the government retries a criminal defendant after an acquittal. This practice is illegal under the federal constitution except under unusual circumstances. Since Ohio courts treat a mistrial as if no trial ever occurred, the prohibition against double jeopardy does not apply to prevent a new trial on the same charges.  

The Prosecutor’s Options After a Mistrial

After a mistrial, the prosecutor can choose from among the following three options:

  • Try the same case again,
  • Seek a plea bargain with you, where you agree to plead guilty to a lesser offense and avoid a new trial.
  • Drop charges. The government can drop your charges “with prejudice” or “without prejudice.” Dropping charges with prejudice means the government can never re-file them. Dropping charges without prejudice means the government can refile the same charges later. 

The best possible result is a dismissal of the charges against you with prejudice.

How Can a Defense Attorney Help You

A defense attorney can help you immensely by:

  • Protecting your rights.
  • Challenging evidence and witness testimony.
  • Negotiating a plea deal if it is in your best interest.
  • Building a strong defense strategy.

A complete list of ways that a criminal defense attorney can help you would include dozens of items.

Contact the Dayton Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today

Ohio criminal prosecutions move quickly, and the odds are very much against you without an experienced criminal defense attorney to help you. Missing a critical deadline, for example, could end up crippling your ability to defend yourself. If you are a criminal defendant in Dayton, Ohio, contact Suhre & Associates DUI and Criminal Defense Lawyers as soon as possible.

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (937) 531-0435 or visit us at our Dayton law office.

Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129
Dayton, OH 45402
United States