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I'm a Character witness in a case and tomorrow will be my third time to come back and testify due to a hung jury.. so.. I've heard it can only be tried 3 times.. but not from a lawyer.. just wondering if anyone on here knew for sure?

2007-04-10 03:58:19 · 3 answers · asked by pip 7 in Politics & Government Law & Ethics

thanks guys!

2007-04-10 04:21:55 · update #1

3 answers

Unfortunately, it can be tried to a hung jury over and over and over and over and--well, you get the picture. I've never had a case tried to a hung jury more than 3 times, but it could be. The defendant's attorney should re-new his/her Motion to Dismiss. I'm sure one has been filed--it always is. The Judge will be more receptive to granting a dismissal after 2 or 3 trials, but someone has to ask the Court to do so and that would be the defense atty's job.

2007-04-10 04:11:55 · answer #1 · answered by David M 7 · 1 0

There may be some state specific rules regarding this but in most jurisdictions I do not believe there is any limit. The jury needs to reach a verdict either way in order to eliminate the potential for a new trial.

2007-04-10 11:16:13 · answer #2 · answered by u goin down 2 · 1 0

As many times as the prosecutor wants...

2007-04-10 12:20:54 · answer #3 · answered by Scotty 4 · 1 0

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