You Have a Right to a Jury TrialEveryone likely learned in high school civics that they have a right to a trial by jury. But is that a definite right or are there exceptions? And should a person always take the option? Keep reading to get the basic factors to consider when deciding on a jury factor, and then contact Chambers Law Firm at 714-760-4088 to talk to a criminal defense attorney who can aggressively defend you.
Situations in Which it Might Be Wise to Waive Your Right to a Jury
First off, let us discuss some situations in which you might decide to waive your option for a trial by jury. If you are accused of committing a violent crime or a crime that is against the public, if the judge you are assigned has a history of being lenient on the particular crime you are charged with, if your crime has earned the attention of the national spotlight, or if you have a certain appearance that jury members might be likely to associate with a person who commits crime, then you might choose to waive your option to a trial by jury.
Waiving Your Right to a Jury Can Speed Up the Process
Some people choose to waive their right to a jury trial just because it is often the quickest and most inexpensive way to get the case over with. In the event that the accused is planning to plead either guilty or no contest, generally as a part of a plea bargain, then they would be required to waive their right to a trial at all.
There Are Specific Requirements That Must Be Met for a Defendant to Waive Their Right to a Jury Trial
It is important to know that a defendant cannot simply say they want to waive their right to a jury trial and move on. They can only legally do so if the court determines that they are doing so voluntarily and intelligently. For example, if a person is found to be incapable of standing trial, then they will not be able to waive their right to a jury trial.
Not Everyone Has the Right to a Jury Trial
Likewise, it is important to know that not everyone in every situation has the right to a jury trial. There are federal and state laws that make it clear that in some cases, an accused party does not have the right to a jury trial. Examples include charges that come with a potential maximum sentence of fewer than six months in jail.
Is it wise for you to waive your right to a jury trial? The best way to know what is best in your particular situation is to talk to your criminal defense attorney. If you are not already working with one, you can request a free legal consultation by contacting Chambers Law Firm at 714-760-4088.
