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    Will My Case Be Tried Before a Judge or a Jury?

    Posted on: December 4th, 2022 by Dod Law

    Judge or JuryWhen you find yourself in a situation where you need legal representation, there are a variety of questions that may arise. One of the most common questions is whether or not your case will be tried before a judge or a jury if it has been brought to court. This is a very important factor to consider when determining the course of action to take with your case. In order to decide whether or not your case will be tried before a judge or a jury, there are a few different things to consider.

    The type of case, the jurisdiction, and the court system all play a part in deciding which type of trial your case will have. It is important to have a full understanding of the laws and regulations of the court system so that you can make an informed decision. If you have more questions about the legal process or if your case will be in front of a judge or jury, Dod Law, APC can help answer any concerns.

    What’s the Difference Between a Jury Trial and a Bench Trial?

    A jury trial and a bench trial are two distinct ways of determining guilt or innocence in a court of law. In a jury trial, the defendant is tried in front of a jury composed of six to twelve members who must be fair and impartial. The prosecuting attorney must prove the defendant’s guilt beyond a reasonable doubt, while the defense attempts to prove the defendant’s innocence. The jury then deliberates and decides whether the defendant is guilty or not guilty.

    On the other hand, in a bench trial, the judge must make all decisions regarding guilt or innocence without input from jurors. This type of trial takes place in a superior court with only one judge presiding over it in front of a courtroom full of observers. As such, the prosecutor also needs to prove guilt beyond a reasonable doubt but does not need to convince any jurors. Ultimately, both types of trials are used to determine whether the defendant is guilty or innocent; however, they differ slightly due to who determines the conviction.

    Will My Case Go Before a Judge or Jury?

    Whether a case goes before a judge or jury is something that can be determined prior to the trial. If the defendant has a right to request a jury, then they may proceed to trial by jury. If the defendant does not have this right, then it will go before a judge in what’s known as a bench trial or judge trial.

    In some cases, either party can request that the case goes before both a judge and jury. Depending on the situation, one option may be better than the other. For example, if there’s complex legal reasoning involved, the judge must be able to decide on whether or not it applies, but when sentencing is at stake, then having jurors who understand how it impacts people may be important. Ultimately, it’s up to the judge whether or not to accept such requests and they may even suggest an alternative approach, such as mediation, if appropriate.

    Dod Law, APC Can Answer Your Legal Questions

    Whether your case goes to trial or not, you will need a lawyer to help you navigate the legal system. With the right help, you may be able to avoid a trial altogether. With over 18 years of experience, the lawyers at Dod Law, APC are well-versed in both types of cases and can help you during your case.

    Contact Dod Law, APC at (619) 814-5110 or by using our contact form to discuss your case with our legal team today.

    At a Glance

    Meet Attorney Dod Ghassemkhani

    • Recent Case Results
    • San Diego Criminal Defense Bar Association | Named San Diego County’s 2023 Trial Lawyer Of The Year
    • Award Winning Criminal Defense Attorney
    • The National Trial Lawyers: Top 100 Trial Lawyers
    • Over 20 years of criminal defense experience
    • 10.0 “Superb” Avvo Rating