trial questions

[NCW20]

What is the name of your state (only U.S. law)?
Colorado

I have a couple of questions about procedure when the DA files charges against you.

1. Do you have the right to get a trial infront of a judge instead of jury?
2. If it is a jury trial, what has to happen for you to be aquitted of the charges?
Do all 12 have to vote not guilty?
If you hang a jury are you acquitted of the charges?

I thought that you could only be charged once (double jepordy)

they can't just keep finding different juries until they find one that vote 100% one way or the other.

 

[racer72]

1. Do you have the right to get a trial infront of a judge instead of jury?

That is generally up to the defendant. Depending on the evidence against you, an attorney could determine which would be the best for you.

2. If it is a jury trial, what has to happen for you to be aquitted of the charges?

This could happen in a few of ways. The most common is to be found not guilty. The second would be to have a hung jury then have the prosecution decide not to prosecute again. In some rare occasions, the judge can overrule the jury.

Do all 12 have to vote not guilty?

Yep. If only one wants to vote guilty, this could result in a hung jury.

If you hang a jury are you acquitted of the charges?

Depends if the prosecution wants to prosecute again.

I thought that you could only be charged once (double jepordy)

You are confused about double jeopardy. DJ is being charged for the same crime by two different jurisdictions for the same offense. One can be prosecuted by the same jurisdiction multiple times for the same offense, it depends on the prosecution.

 

[FlyingRon]

In the event of a mistrial (which a hung jury technically results in), it is invalidated (as if it didn't occur). The DJ provisions prohibit being tried twice for the same charge, but a mistrial doesn't count as one. You can be "charged" as many times as they want...it's being tried that matters.

In addition to the conditions that racer pointed out, the prosecution can withdraw the charges (depending on when this is done the judge can either bar or permit subsequent retrial) or the judge can discharge things in the defendant's favor even before it goes to the jury.