There are many critical steps in a criminal case, including a jury trial. Although jury trials do not occur in every case, it is important to know what jury trials are, what your rights are, and how a criminal defense attorney can help you. Keep reading to learn more about jury trials.
What is a Jury Trial?
Jury trials happen in front of 12 citizens selected from the community who decide on an issue based on the facts in a case. After hearing all the evidence in a case, the jury will give a verdict of “guilty” or “not guilty.” The jury must reach a unanimous verdict to find that a Defendant is guilty. If the jury reaches a verdict of “guilty,” the judge will enforce a sentence.
Can I Waive a Jury Trial in Georgia?
The right to a trial by jury can be limited by a defense waiver, meaning that the Defendant can choose to decline a jury trial. In other words, a jury trial can be waived if: 1) the Defendant waives the jury trial in writing, 2) the State agrees to the Defendant’s waiver, and 3) the Court agrees to the jury trial waiver.
Your criminal defense attorney can weigh the benefits and disadvantages of having a jury trial so that you can make an informed decision about whether a jury trial is best for your situation.
How Long Does a Jury Trial Last?
The length of a jury trial depends on the case. Cases with complicated facts and issues may take weeks for the trial to end, while more straightforward cases may last only a few days. As your case progresses, your criminal defense attorney can provide estimates of how long they believe the trial will last.
In What Circumstances Can a Trial Take Place Without a Jury?
A trial without a jury can take place during a bench trial. A bench trial refers to a trial that does not happen in front of a jury; instead, the judge handles the trial themselves. Importantly, instead of the jury considering issues regarding the facts and the judge enforcing the law, during a bench trial, the judge decides on the facts, applies the law to the facts, and imposes a sentence.
Why Do I Need an Attorney for a Jury Trial?
During a jury trial, the prosecutor will present evidence, call witnesses, and make arguments to the jury and judge to try and prove your guilt. A criminal defense attorney is crucial during a jury trial to ensure that you have an advocate to make arguments, present evidence, and call witnesses on your behalf. Further, your criminal defense attorney will know the players in Georgia courts and can use that knowledge to help resolve your case.
Have Questions? Give Me a Call.
I have decades of criminal law experience and will advocate on your behalf during your jury trial to make sure your case reaches the best resolution possible. If you need a criminal defense attorney or have legal questions, give me a call today!