Individuals who have been accused of criminal wrongdoing have the right to an attorney, to be protected from the presentation of unfairly prejudicial evidence, and the right to be tried by a jury of their peers. These rights can be waived, which is usually isn’t advisable, but depending on the facts of your case, you might be left wondering if you really want your case to be heard by a jury.
What’s the alternative to a jury trial?
If you don’t want a jury trial, you can request what’s referred to as a bench trial. Here, the judge hears all the evidence and renders a verdict.
In some cases, especially those that have a lot of legal or complex factual issues, a bench trial can be advantageous. After all, a judge is well-versed on the law. Additionally, the judge is usually better equipped to separate the evidence from the emotional aspects of the case, which is something that can be hard for a jury to do during trial.
Is a bench trial right for you?
Only you can answer that question. Although you might be able to get to court faster if you choose to proceed with a bench trial, there are some disadvantages. Most notably, your fate rests in the hands of one individual, meaning that you must convince the judge that there’s reasonable doubt as to your guilt, whereas with a jury you only have to persuade one of many. Also, the judge in your case may have a history of finding against defendants like you, which could put you in a bad position at the start of a bench trial.
Develop a strong criminal defense strategy that protects your future
Figuring out which type of trial you want is just a small part of building your criminal defense. So, as you head into the criminal justice system, make sure you’re armed with strong evidence and compelling legal arguments aimed at raising doubt and beating the prosecution. Hopefully then you can secure an outcome that protects your freedom and your future.
