Da Jury Deliberation Rules

Summary

In California, the District Attorney (DA) is prohibited from being present during jury deliberations to maintain impartiality and confidentiality. If the DA enters the deliberation room, it could be considered misconduct, potentially affecting the trials outcome. If you suspect misconduct, you can file a complaint with the State Bar of California or consider an appeal. Consult with an attorney specializing in appeals for guidance on how to proceed. Additionally, if a hung jury occurs, the prosecution can choose to retry the case. If new evidence or procedural issues arise, the DA may dismiss and refile the case. For post-sentencing concerns, consult your attorney about motions or appeals.

Full Conversation

Can the Da go in the deliberations for a readback
No, the District Attorney (DA) cannot be present during jury deliberations, even for a readback of testimony. The judge typically handles readback requests by bringing the jury back into the courtroom to hear the testimony again.
Do you have any other questions related to courtroom procedures?
Is that misconduct
To determine whether it's misconduct, it’s crucial to understand the rules governing jury deliberations:
- Jury Deliberations Privacy: Only jurors are allowed in the deliberation room to maintain confidentiality and impartiality.
- Misconduct: If a DA enters the deliberation room, it could be considered improper conduct and could potentially influence the jury's decision, which may be grounds for an appeal or mistrial.
Where are you located? This might help in providing more specific legal guidelines.
Compton California
In California, jury deliberations are strictly confidential. No one, including the District Attorney, is permitted to be present during these deliberations. If the DA entered the deliberation room, it could be considered misconduct, potentially affecting the trial's outcome.
Do you need information on how to file a complaint or appeal if misconduct occurred?
Yes
If you believe that the District Attorney improperly entered the jury deliberation room, this could be serious misconduct. Here are some general steps on how to file a complaint or appeal:
- File a Complaint: You can file a complaint with the State Bar of California.
- Appeal Process: Consult with an attorney to explore the possibility of filing an appeal based on this potential misconduct.
Would you like information on how to contact the State Bar of California or need help finding an attorney?
Yes

State Bar of California


Phone: *-*-*-*
Website: www.calbar.ca.gov
Would you like information on finding an attorney specializing in appeals or more details on the complaint process?
Yes

State Bar of California


Phone: *-*-*-*
Website: www.calbar.ca.gov

Would you like information on finding an attorney specializing in appeals, or do you need more details on filing a complaint?
Yes
Case Rating: *.
To find an attorney specializing in appeals, consider the following steps:
- Online Directories: Use the State Bar of California website to search for an attorney.
- Referrals: Ask for recommendations from friends, family, or other lawyers.
- Local Bar Associations: Contact your local bar association for referrals.
Would you like more specific details on the complaint process?
Yes
Case Rating: *.
Since you're dealing with potential prosecutorial misconduct, it's crucial to act promptly. Here are more specific details on the complaint process:
- State Bar Complaint: File a complaint against the DA with the State Bar of California.
- Judicial Council: You might also consider filing a complaint with the California Judicial Council.
Would you like instructions on how to file these complaints?
Yes
To file a complaint against the DA and with the California Judicial Council, follow these instructions:
Filing a Complaint with the State Bar of California:
*. Visit the Website: Go to [www.calbar.ca.gov](http://www.calbar.ca.gov).
*. Complete the Form: Fill out the Attorney Misconduct Complaint Form.
*. Submit: Follow the online instructions for submission or mail it to the provided address.
Filing a Complaint with the California Judicial Council:
*. Visit the Website: Go to [www.courts.ca.gov](http://www.courts.ca.gov).
*. Find the Form: Look for the "Complaint About a Judge" section and download the form.
*. Complete and Submit: Fill out and send the form as per the instructions.
Would you like more information on the appeal process?
Yes
To appeal based on potential prosecutorial misconduct, follow these steps:
*. Consult an Attorney: Seek an attorney specializing in appeals to discuss your case.
*. File a Notice of Appeal: Submit this to the court where your trial was held.
*. Prepare the Record: Ensure all trial transcripts and evidence are included.
*. Briefs and Oral Arguments: Your attorney will file briefs and may present oral arguments.
Would you like more information on finding an appeals attorney or the detailed steps in the appeal process?
Yes
To find an appeals attorney in California, consider these options:
- State Bar of California Website: Use their "Find a Lawyer" tool.
- Local Bar Associations: Contact for referrals.
- Legal Aid Services: Some may offer assistance or referrals.
Would you like more detailed steps on filing an appeal?
Do your lawyer have to be present to hear your verdict
No, your lawyer does not have to be present to hear the verdict. However, it's generally advisable for your lawyer to be there to provide immediate legal advice and support.
Do you need more information on what happens after the verdict is read?
Can a lawyer consider misconduct if they are aware of the DA being present while while in deliberations
Yes, a lawyer can consider it misconduct if they are aware of the DA being present during jury deliberations. This could seriously affect the trial's fairness and may be grounds for an appeal or mistrial.
Would you like more details on how this could impact your case or need help finding an attorney to handle this matter?
Yea
If your lawyer is aware of the DA being present during jury deliberations, it can be considered serious misconduct and could impact the outcome of your case. This may be grounds for an appeal or mistrial.
Would you like more specific steps on how to proceed with an appeal based on this misconduct?
Yes
To proceed with an appeal based on prosecutorial misconduct, follow these steps:
*. Consult with an Appeals Attorney: Seek immediate advice from a lawyer specializing in appeals.
*. File a Notice of Appeal: Submit this to the court where your trial was conducted.
*. Gather Evidence: Collect all relevant trial transcripts and evidence.
*. Prepare Briefs: Your attorney will file legal briefs and may present oral arguments.
Would you like more detailed steps on gathering evidence or finding an appeals attorney?
Can a DA dismiss a case and refile under a new cas number
Yes, a District Attorney (DA) can dismiss a case and refile it under a new case number. This often happens if new evidence comes to light or if there were procedural issues in the original case.
Do you need more information on the conditions under which this can happen or how it might affect your situation?
If you get a hung jury on a case can you be retrial under the same charges
Yes, if you get a hung jury in a case, the prosecution can choose to retry you under the same charges. Here are some key points:
- Hung Jury: Occurs when the jury cannot reach a unanimous verdict.
- Mistrial: The judge will declare a mistrial if a hung jury occurs.
- Retrial: The prosecution can decide to retry the case with a new jury.
Would you like more information on the implications of a retrial or how to prepare for it?
Can the DA use information from a retired FBi Agent for a phone Anyalzst
Yes, the District Attorney (DA) can use information from a retired FBI agent as an expert witness for phone analysis. The credibility and relevance of the expert's testimony would be evaluated by the court.
Would you like more information on how expert witnesses are used in court?
Even if the phone Analysis is from an unreliable source
The use of evidence from an unreliable source could significantly impact your case. Here are some general points on challenging such evidence:
- Expert Witness Testimony: The credibility of an expert witness can be challenged in court.
- Unreliable Evidence: You can argue that the evidence is unreliable and should not be admitted.
Would you like more details on challenging the credibility of an expert witness or the steps to exclude unreliable evidence?
How can you beat a case if someone lied on you and the courts have the proof that you were not there and they still convicted you
Here are some steps you can take:
- File an Appeal: Immediately consult with an attorney specializing in appeals.
- New Evidence: Present any new evidence that proves your innocence.
- Ineffective Counsel: Argue that your defense was ineffective if applicable.
- Prosecutorial Misconduct: If any misconduct occurred, it could be grounds for a retrial.
Would you like more detailed steps on filing an appeal or finding an appeals attorney?
Yes
To file an appeal based on new evidence or prosecutorial misconduct, follow these steps:
*. Consult an Appeals Attorney: Seek immediate advice from a lawyer specializing in appeals.
*. File a Notice of Appeal: Submit this to the court where your trial was conducted.
*. Gather Evidence: Collect all relevant trial transcripts and new evidence.
*. Prepare Briefs: Your attorney will file legal briefs and may present oral arguments.
Would you like more information on how to find an experienced appeals attorney or specific details on gathering evidence?
What if you don’t have your sentence yet
If you haven't received your sentence yet, you still have options to address any potential issues in your case. Here are some general steps:
- Consult Your Attorney: Discuss any concerns with your attorney, especially if you believe there was misconduct.
- Pre-Sentencing Motions: Your attorney can file motions to address potential misconduct or new evidence before sentencing.
- Preparation: Ensure all relevant evidence and arguments are ready for your sentencing hearing.
Would you like more details on pre-sentencing motions or how to discuss this with your attorney?
Yes
To address potential issues before sentencing, consider these steps:
*. Consult Your Attorney: Discuss concerns about misconduct or new evidence.
*. File Pre-Sentencing Motions: Your attorney can file motions to address these issues.
*. Prepare for Sentencing Hearing: Gather all relevant evidence and arguments.
Would you like more specific details on pre-sentencing motions?
How many times can you wave your sentence
In California, you can file a motion for resentencing or appeal to modify your sentence under specific circumstances. Here's a brief overview:
- Motion for Resentencing: You can file if new evidence or changes in law may affect your sentence.
- Appeals: Typically, you have one opportunity to appeal the sentence within a specific timeframe.
Would you like more details on how to file a motion for resentencing or appeal?
Yes
Case Rating: *
To file a motion for resentencing or appeal in California, follow these steps:
*. Consult Your Attorney: Discuss the best approach based on your circumstances.
*. File a Motion for Resentencing: Your attorney can file this if there is new evidence or legal changes.
*. Notice of Appeal: Submit this to the court within the specified timeframe.
Would you like more details on the specific forms or steps involved in this process?
Can you wave your time after sentencing
In general, post-sentencing time waivers refer to the ability to extend or waive certain deadlines or procedural timelines after sentencing. However, the specifics can vary based on the jurisdiction.
Key Points:
- Post-Sentencing Motions: You may file motions to modify the sentence or address issues such as new evidence.
- Appeals: Typically, there is a specific timeframe to file an appeal.
- Waivers: Some deadlines can be waived or extended, but usually require court approval.
Would you like more information on the types of post-sentencing motions available in California?

Related Chats

Criminal Citation Fare Evasion

Nevada Burglary Defense Strategies

Appellate Attorney Appointment Delay

Arkansas Drug Paraphernalia Case

Understanding Property Dispute Charges

< < Go Back
Privacy Policy | Terms Of Use