Jury Duty V. Bench Trial
After you are arrested and charged with a criminal offense in Indiana, your case can be resolved in different ways. One common method of resolving a criminal case is to enter a plea deal. With a plea deal, you agree to plead guilty in exchange for, for example, a lighter sentence. Another way of resolving criminal cases is through a trial. In any criminal case, the defendant has the right to a trial. And in Indiana, there are two types of trials: a bench trial and a jury trial. The decision as to whether to have a jury trial or bench trial is a serious one that can make a huge difference in your case. For this reason, it is best to retain a qualified criminal defense attorney. A skilled criminal defense attorney will use their expertise to evaluate the specifics of your case and determine whether you should have a jury or bench trial.
What Is a Jury Trial?
A jury trial is what most people think about when they think of a trial. This is understandable because in most TV shows and movies, what people see are jury trials. A jury trial is a trial where members of the public are summoned in to hear the evidence and argument presented by the parties. After hearing evidence from both sides, jury members or jurors decide if the prosecution has proven the defendant’s guilt beyond a reasonable doubt. However, after jurors decide that a defendant is guilty beyond a reasonable doubt, it is up to the judge to set the sentence. In Indiana, it is only in death penalty cases that jury members are allowed to have a say in sentencing. In all other cases, the judge, nor the lawyers, are allowed to talk to the jury members about potential penalties that can be imposed after conviction.
In Indiana, the right to a jury trial in a misdemeanor case will expire if a written demand for a jury trial is not filed at least 10 days prior to the case’s first Bench Trial setting. A skilled criminal defense lawyer can ensure you don’t lose your right to a jury trial. When a misdemeanor case is set for a jury trial, the jury will consist of six members and usually only one alternate juror.
In all felony cases, the right to trial by jury does not expire. The Defendant, and the State’s attorney must waive their right to trial by jury before the case can proceed to a Bench trial. There are only 6 members on the jury panel in a Level 6 case. In cases involving higher-level offenses, the jury comprises twelve members and at least one alternate juror.
What Is a Bench Trial?
A bench trial is one where a judge listens to the evidence and argument of the parties and decides if the prosecution has proven its case beyond a reasonable doubt. There is no jury in a bench trial. Usually, bench trials are shorter than jury trials. In Indiana, misdemeanor cases are automatically set for this type of trial.
In the end, the decision of what type of trial you should have is one that should be discussed with a qualified defense attorney. Such a major decision should only be made after a thorough evaluation of the specifics of your case and the defenses available in your case.
Contact an Indiana Criminal Defense Lawyer
If you are facing criminal charges in Indiana, contact our skilled Indiana criminal defense lawyers at Rigney Law LLC to determine the best way to proceed with your case.
