Category: Trial Outcomes · Statute: Florida Rule of Criminal Procedure 3.530 · Source: Florida Legislature
Understanding Hung Jury in Florida
In Florida, a hung jury occurs when the members of a criminal jury cannot reach the legally required unanimous consensus on whether to convict or acquit a defendant. Under Rule 3.440 of the Florida Rules of Criminal Procedure, a verdict in a criminal trial must be completely unanimous. When jurors report that they are deadlocked, the presiding judge will typically issue an "Allen charge"—often referred to as a "dynamite charge"—instructing the jury to return to deliberations and attempt to reach a verdict without sacrificing their individual honest beliefs. If the jury remains hopelessly deadlocked after further deliberation, the judge must declare a mistrial.
A hung jury is not an acquittal, nor is it a conviction; it simply means the trial has concluded without a legal resolution. Because double jeopardy does not attach when a mistrial is declared due to a deadlocked jury, the State Attorney's Office retains the authority to schedule a brand-new trial with an entirely different jury panel. Alternatively, the prosecution may negotiate a plea deal or dismiss the charges entirely if they believe a future trial would yield the same result.
How a Hung Jury Affects Bail in Florida
When a judge declares a mistrial due to a hung jury, the defendant's original bail status does not automatically expire. Under Florida law, the defendant generally remains released on their existing bond, or held under the same pretrial detention conditions, while the state decides whether to retry the case. However, defense counsel can immediately move for a bond reduction or release on recognizance (ROR), arguing that the hung jury demonstrates a weakness in the state's case and that the delay of a second trial justifies more lenient release terms.