A jury in Utah criminal trials must be unanimous – whether voting guilty or not guilty. If the jury cannot reach a unanimous decision, they will usually send a note or other communication to the judge asking what they should do. Most often, the judge will instruct the jury that they should keep trying. But if the jury determines that they have come to an impasse and that they will not be able to reach unanimity, the court will declare a hung jury and mistrial. Under these circumstances, the charges are not dismissed and the prosecution can ask the court to set a date for a retrial on the charges. (See, Utah R. Crim. P. 21.)
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.