Prosecutors would definitely take that to trial, for sure. But it also depends on your jury. Being acquitted is definitely more likely as the days go by now. A lot of people no longer give law enforcement any sort of benefit of the doubt, often the exact opposite now.
You just need 1 member of that jury to decide that way and refuse to change their position to hang the jury, and then the prosecutors have to decide whether to bother with a retrial and do it all over again. Any time the first jury is unable to decide, that weighs heavily over any subsequent trial, whether it’s supposed to or not.
Prosecutors would definitely take that to trial, for sure. But it also depends on your jury. Being acquitted is definitely more likely as the days go by now. A lot of people no longer give law enforcement any sort of benefit of the doubt, often the exact opposite now.
You just need 1 member of that jury to decide that way and refuse to change their position to hang the jury, and then the prosecutors have to decide whether to bother with a retrial and do it all over again. Any time the first jury is unable to decide, that weighs heavily over any subsequent trial, whether it’s supposed to or not.
well it was in 2010 and I was living in a rural backwater so…