What is a hung jury and what happens next?

Where jurors cannot agree unanimously, the result is a hung jury. The court typically gives an instruction encouraging further deliberation, and if that doesn't resolve it, declares a mistrial.

A mistrial is not an acquittal. Double jeopardy generally doesn't bar retrial after a hung jury, and the State can try the case again.

What happens in practice. The State reassesses. Retrial is common in serious cases and considerably less common in others, particularly where the split was heavily toward acquittal, where witnesses have become difficult, or where the cost of a second trial isn't justified.

The negotiating position changes substantially. A defendant after a hung jury is in a materially stronger position than before trial — the State now knows its case didn't persuade a jury, and offers frequently improve.

Counsel can also learn a great deal from the first trial that shapes a second one, if there is one.