When you are charged with a crime, it can feel like you have no say in what happens. However, as a criminal defendant, you have many options. For example, you can choose to hire a public defendant or a Cobb County criminal defense lawyer, or you can decide if you want to accept a plea deal or proceed to trial. Should you decide to go to trial, you can decide whether or not to pursue a bench or jury trial. If you’re unsure of the differences between these options, you’ll want to keep reading. The following blog explores what you should know about the differences between bench and jury trials and how to determine which is best for your circumstances.
What Are the Differences Between Bench and Jury Trials?
First and foremost, it’s important to understand that under the Sixth Amendment of the United States, you are legally entitled to a trial by a jury of your peers. However, as a criminal defendant, you have the right to waive this and pursue a bench trial instead.
When you pursue a jury trial, you will present your case to a panel of your peers. For misdemeanor offenses, this is typically six jurors, while felony offenses warrant twelve individuals. These are impartial individuals who will determine whether or not you are innocent or guilty based on the evidence presented during the trial. It’s also important to understand that the judge, the prosecuting attorney, and your criminal defense attorney will all have a say in the jury selection process.
If you waive the right to a jury trial, you can instead pursue a bench trial. Rather than present your case to a jury of your peers, you will present the case to a judge. As such, the judge will determine the outcome of your case based on the evidence produced during the trial.
Which One is Best for My Circumstances?
Bench and jury trials both have advantages and disadvantages. For example, you’ll find that a jury trial may work best when your case rests heavily on credibility and witness statements, as you are more likely to sway a jury based on emotion. However, jury trials can take longer, and unfamiliarity with the laws can work against you.
A bench trial, on the other hand, can work better when your case heavily rests on facts of the law and precedent. This is because the judge will have a deeper understanding of the law, meaning they can make more objective decisions.
If you are unsure whether or not to pursue a bench or jury trial, the most important thing you can do is connect with an experienced attorney. At Miller Law Practice, our dedicated legal team can assist you through these difficult matters so you can make the best decision for your circumstances. Contact us today to learn how we can fight for you.