What Is a Hung Jury?
March 9, 2026 | Nafiz M. Ahmed
A hung jury occurs when the jurors in a criminal case cannot reach a verdict. In California, the law requires that verdicts in criminal trials must be unanimous, meaning every single juror must agree to convict or acquit the defendant. If the jurors cannot unanimously agree on a verdict, the jury may become deadlocked
Keep reading to learn more about hung juries.
What Happens When a Jury Is Deadlocked?
If a jury in a California criminal case is deadlocked and cannot reach a unanimous verdict, specific steps and procedures must be followed to address the situation. Here’s how the court typically handles a deadlocked jury and what it means for your case:
Jury Deliberations Continue
A judge may tell jurors to continue deliberating, but only within clear limits. In California, the court can encourage jurors to keep discussing the evidence and to remain open to one another’s views.
However, the judge cannot pressure anyone to abandon an honestly held belief just to reach a unanimous verdict. When that happens, the instruction may cross the line into an improper Allen-type charge.
Mistrial Declared
If the jury still fails to agree after extended deliberation, the judge may declare a mistrial. This means the legal process for that trial ends without either a conviction or an acquittal being entered against the defendant.
What Happens After a Hung Jury?
After a hung jury, in which no unanimous verdict is reached, the criminal case remains unresolved. The prosecution then has a few possible options.
Here’s what might happen:
Retrying the Case
Prosecutors may decide to have a new trial, presenting evidence and calling witnesses before a completely different jury. This is typically pursued if the district attorney still believes a conviction is likely or if the public interest in prosecution is considered strong.
Negotiating a Plea Deal
To save time and resources, the prosecution might offer a plea deal after a hung jury, potentially reducing the charges or recommending a more lenient sentence.
For example, if you were charged with a felony, the prosecutor might give you the opportunity to plead guilty to a misdemeanor and end the case. Defendants sometimes choose this path to avoid the risks and stress of another jury trial.
Dismissing the Charges
If it appears that another trial is unlikely to bring a different result, the prosecutor can drop the charges entirely. In this outcome, the case ends, and the defendant is finished with the case, no longer facing charges.
How a Criminal Defense Lawyer Can Help After a Mistrial
If your criminal case ends in a mistrial due to a hung jury, the strategy of your defense team can have a major impact on what happens next. A skilled criminal defense lawyer will guide you through every option and leverage the opportunity created by uncertainty in the jury.
Here’s what they can do for you:
Evaluating the Jury’s Split
Your attorney can review the courtroom record, jury communications disclosed on the record, and any lawful indications of how deliberations unfolded to help assess the best next step. This analysis can help them determine the next steps and the best way to resolve your case.
Renegotiating with the Prosecutor
A lawyer can use signs of a hung jury to argue for reduced or dropped charges, or to push for a favorable plea deal. Prosecutors may realize that a conviction isn’t likely and offer a better deal.
Preparing for a Retrial
If the case is set for a new trial, your lawyer can adapt their defense, addressing weaknesses or shifting strategies based on how witnesses testified in the first trial and jury feedback.
Call Ahmed & Sukaram, Criminal Defense Attorneys for a Free Consultation With a San Jose Criminal Defense Lawyer
With a San Jose criminal defense attorney on your side after a mistrial, you have someone to defend you and help you get the best possible outcome.
For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500