Judge Vs. Jury Trial: Which Is Best for Criminal Charges?
When faced with criminal charges in Fort Lauderdale, defendants have a right to choose whether they would prefer their case be heard before a judge or a jury. There are many reasons why selecting one may be beneficial over another, and it is best to discuss your options with experienced criminal defense attorneys in Fort Lauderdale.
Who decides judge or jury?
Defendants with pending criminal charges in Fort Lauderdale have a right to make their choice known to their criminal defense attorneys, who in turn should inform the prosecutor.
Both the defendant and prosecutor must agree to waive a jury trial if a bench trial is preferred. A bench trial is one that is heard and ruled by a judge. If one side or the other refuses to waive their right to a jury trial, then the case must go before a jury of six to 12 people who are representative of the local community.
Benefits of a Bench Trial
A bench trial can work in a defendant's favor, depending on the judge and the criminal defense attorneys selected to represent you.
Since this one person will be making a decision whether you can walk free, it is crucial to know which judge will be presiding over your trial. Knowing the judge's history, reputation and rulings on similar cases should be a deciding factor.
You also need to consider your criminal defense attorney. Your best bet is to select one with experience in handling cases like yours. You also want a criminal defense attorney who is familiar with the local courts and the presiding judge.
The legal aspects of the case are another consideration. A strong defense in terms of the law may benefit you in a bench trial since a judge's job is to uphold the law and not rule on emotion.
Benefits of a Jury Trial
In a jury trial, the chosen members will decide on the facts of the case and decide on your guilt or innocence.
A jury trial often is thought to be advantageous to the defense team because a unanimous decision between six to 12 people must be made, which isn't as easy as it seems. With a skilled criminal defense attorney on your side, a shred of doubt planted in just one juror can sway a decision in your favor.
Another plus is the active role your criminal defense attorneys are able to take in selecting the members of the jury. Choosing the right jurors can make or break a case, and a reputable defense team will know how to build a sympathetic jury panel for you.
Who decides judge or jury?
Defendants with pending criminal charges in Fort Lauderdale have a right to make their choice known to their criminal defense attorneys, who in turn should inform the prosecutor.
Both the defendant and prosecutor must agree to waive a jury trial if a bench trial is preferred. A bench trial is one that is heard and ruled by a judge. If one side or the other refuses to waive their right to a jury trial, then the case must go before a jury of six to 12 people who are representative of the local community.
Benefits of a Bench Trial
A bench trial can work in a defendant's favor, depending on the judge and the criminal defense attorneys selected to represent you.
Since this one person will be making a decision whether you can walk free, it is crucial to know which judge will be presiding over your trial. Knowing the judge's history, reputation and rulings on similar cases should be a deciding factor.
You also need to consider your criminal defense attorney. Your best bet is to select one with experience in handling cases like yours. You also want a criminal defense attorney who is familiar with the local courts and the presiding judge.
The legal aspects of the case are another consideration. A strong defense in terms of the law may benefit you in a bench trial since a judge's job is to uphold the law and not rule on emotion.
Benefits of a Jury Trial
In a jury trial, the chosen members will decide on the facts of the case and decide on your guilt or innocence.
A jury trial often is thought to be advantageous to the defense team because a unanimous decision between six to 12 people must be made, which isn't as easy as it seems. With a skilled criminal defense attorney on your side, a shred of doubt planted in just one juror can sway a decision in your favor.
Another plus is the active role your criminal defense attorneys are able to take in selecting the members of the jury. Choosing the right jurors can make or break a case, and a reputable defense team will know how to build a sympathetic jury panel for you.