Jury Verdict

After the judge has issued the jury instructions in a California DUI / DWI case, the jurors are sent outside the courtroom to deliberate. If all 12 jurors are able to reach a unanimous agreement, a verdict will be read. It's important to keep in mind that the prosecutor has the burden of proving every element of the offense beyond a reasonable doubt. This means that if even one juror has even a shred of doubt about the driver' guilt, the defense has won the case. Having an experienced drunk driving criminal defense attorney from The Kavinoky Law Firm at the driver's side gives a California DUI / DWI defendant a fighting chance in front of a jury.

A verdict of not guilty, or an acquittal, is delivered if all 12 jurors agree in the defendant's innocence. If all 12 jurors agree on the driver's guilt, they will deliver a guilty verdict. If jurors cannot reach a unanimous decision, there is a hung jury.

Although it may not seem that way at first, a hung jury is very good news for a defendant charged with driving under the influence. Prosecutors often choose not to retry the case or may offer a generous plea-bargain following a hung jury. Although the prosecutor has the option of retrying the case, he or she rarely chooses to do so. The reasoning behind this is simple - if the prosecutor had problems the first time around convincing all 12 jurors to cast a guilty vote, he or she may face the same obstacles in a second trial.

When a jury reaches a unanimous verdict, the foreperson will be asked to write the jury's decision on a form, and the bailiff will guide the jury back into the courtroom. The judge, prosecutor, defense attorney, and in most cases the defendant will also come back to the courtroom.

The judge will ask the jury foreperson to hand the verdict form to the clerk, and the clerk will then read the jury's verdict to the individuals gathered in the courtroom.

If the jury reaches a guilty verdict, the defense lawyer might opt to "poll the jury," meaning that each juror will be asked to state their decision out loud. This is designed to guarantee that the verdict was a truly unanimous opinion of all jury members.

After the verdict is read, the judge typically thanks the jury for their service, and the jurors are dismissed. The attorneys and the judge will then discuss any further procedural matters necessary, such as setting a time for sentencing to occur if a guilty verdict is rendered.