mistrial

[cantgetright]

What is the name of your state? ca

I just went and had a jury trial over the last 4 days, and today the jury came back saying they can't agree. There votes were 7-5 out of the 12 people. So the judge declared a miss trial/deadlock. At the start of all this crap I asked for a speedy trial "time not waived" so when is the new deadline? 60 days from today?I have court agian next week on the master trial calender.Thanks

Also, if my prior criminal history is heald out of this trial will it be gauranteed the next one?Thanks

 

[calatty]

60 days, if there is a next trial. Very often after a mistrial the DA will offer a favorable plea bargain to get out of the hassle and expense of trying the case again. If they do retry it, nothing from the first trial carries over to the second, except the same rules of evidence apply. In general, prior convictions are excluded unless you testify. In that case, all felonies that exhibit "moral turpitude" can be used to impeach you. With misdemeanors, the convictions themselves aren't admissible, but the underlying conduct is. A judge has the option to exclude them if he finds them too prejudicial, and different judges can come out differently on that. If you don't testify, no prior convictions come in unless they are an element of the offense, like auto theft with a prior for auto theft.