Many people don’t realize that, if you’ve been charged with a crime and go to trial, you have a choice between a jury trial and what’s called a bench trial. While a trial by jury is commonly known and is what people typically see in movies and on television, a bench trial may sometimes be more beneficial if you are a defendant in a criminal case.
In simple terms, a bench trial functions just like a jury trial, except instead of having a jury, the judge hears all the evidence by him or herself and decides whether or not you are guilty or innocent.
In fact, in most state cases where a defendant faces less than six months in jail, the only option available is a bench trial.
Depending on the circumstances of your case, your attorney may actually recommend a bench trial instead of jury trial. A bench trial offers several possible benefits that a jury trial does not, for example:
Ultimately, it will be up to you and your attorney to decide which type of trial is right for your case. There are as many drawbacks to a bench trial as there are benefits, so it’s important to listen to your attorney’s advice and weigh the pros and cons before making a final decision.
If you are facing criminal charges and need to decide between a bench or jury trial, your best option is to be represented by counsel as early as possible in the criminal process.
A local attorney who has experience in the court in which your case is being tried can identify the specific advantages or disadvantages to a bench trial or jury trial in that court, give you meaningful advice about your options, and represent you throughout your entire case.
To learn more, or to request a free phone consultation about your case, please contact our office today.