when there is a hung jury, shouldnt the defendent be released?

Question

the district attorneys office has decided to retry the case, but dont they have to re arrest him?

Answer 1

No. When the jury is undecided, the charges are still pending. Since the defendant has not been acquitted, he/she still faces the same charge.

What the defendant's attorney should do is ask for a bond review hearing. Hopefully the judge that heard the case will consider changing the bond of the defendant so that he/she may be released pending the next trial.

Much depends on the nature of the charge and the circumstances of the defendant.

Answer 2

The defendant will usually continue on the same bond/bail conditions for a retrial; perhaps a Judge could be persuaded to reduce bail if the first trial made him doubt the defendant's guilt. It usually doesn't work around here. I tried to get bond when a client's case was granted permission to appeal by the TN S. CT. (a difficult thing in and of itself). Denied. We won after arguing the case and got the time cut 12 years.

There is no need to rearrest unless the first case is dismissed by the prosecution (nolle pros.) and they go after him again.

Answer 3

No, a hung jury just means the jury can't reach a judgement based on the evidence presented.

Answer 4

Why do they say it's a hung jury, I thought they hanged the defendant, not the jury. No wonder nobody wants to be on a jury.

Answer 5

No they don't have to release the defendant, unless the judge wants to consider it as time served if he/she is found guilty. The record (in Cook County, IL [Chicago]) for time spent in jail during trial is 10 years.

Answer 6

Yes, because he is innocent until proven guilty.

If it's hung and you think there is still a case against him, try him again but you cannot put a potentially guilty man in jail.