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Oakland Mistrial

February 12, 2019December 14th, 2022Criminal Defense, Criminal Law News, Oakland

A mistrial was declared in a homicide trial that stemmed from a fatal shooting that took place near a party in East Oakland in 2017 as reported by East Bay Times.

After three days of deliberation by a 12-person jury, all 12 jurors voted in favor of guilt, but not all determined the guilt was beyond a reasonable doubt-the standard for a criminal conviction. Since all 12 jurors could not provide a unanimous decision, a mistrial was declared.

A mistrial happens when a trial is terminated prior to reaching a verdict. There are several grounds for moving for a mistrial including: Prosecutorial misconduct; Jury misconduct and jury deadlock (when a unanimous decision cannot be made by the jury with regard to a defendant’s guilt); Jury’s inability to reach a verdict due to a physical cause or illness beyond the court’s control; and Erroneous admission of incurably prejudicial evidence, among other reasons.

Both prosecution and defense counsel can move for a mistrial. If a mistrial is declared, there are several things that can happen: the prosecution can dismiss the charges, a plea bargain or agreement can be made, or a new trial is set.

The criminal defense attorneys at Bay Area Criminal Lawyers, PC are experienced trial attorneys and have obtained favorable outcomes in trials heard in Oakland, Hayward, and other Alameda County courts, including a complete acquittal of first-degree murder charges heard out of the Rene C. Davidson courthouse. When facing a mistrial or determining how to proceed after a mistrial has been declared, it is imperative to contact a criminal defense attorney who is experienced and knowledgeable of handling jury trials in Oakland.

To learn more about our experienced Bay Area  criminal defense attorneys, visit our website.