I Am Facing Drug Charges in Indiana: Do I Have the Right to a Jury Trial?

The right to a jury trial is guaranteed under the U.S. Constitution and the Indiana Constitution. However, if you are facing drug charges in Indiana, you may wonder if this right applies to you. So, do you have the right to a jury trial if you are facing drug charges in Indiana? Generally, if you are facing a felony drug charge, you have the right to a jury trial. On the other hand, if you are facing a misdemeanor drug charge, the right to a jury trial is limited. It is best that you consult with a qualified local attorney. A skilled local attorney can provide the most accurate information about your right to a jury trial and represent you in court if necessary.

What Is a Jury Trial?

A jury trial is when a group of community members are used to determine if the State has met their burden of proof after listening to the presentation of evidence and arguments in the trial. In Indiana criminal cases, a felony jury trial typically consists of 12 individuals. However, in misdemeanor criminal cases, the law allows for 6 jury members. Regardless of whether there are 12 or 6 jury members, for a criminal defendant to be convicted, the verdict must be unanimous. Meaning, all the jury members must agree on the verdict. If, for example, 11 jurors believe the State met their burden and the defendant is guilty but only one juror believes the State failed to meet their burden and the defendant is not guilty, the court cannot convict the defendant. In Indiana, if all jury members cannot agree, the judge will declare a mistrial. When this happens, it is the prosecuting attorney who will decide whether to retry the case, renegotiate a plea agreement, or dismiss the charges.

Bench Trial

If your right to a jury trial has expired, or you waived your right to a jury trial, you can have what is called a bench trial. So, what is a bench trial? In a bench trial, a judge, rather than a jury, decides whether the State has met their burden of proof after listening to the evidence and arguments presented in the trial.  Bench trials have several advantages. For example, bench trials can often be scheduled more quickly than jury trials. Also, a bench trial offers some level of privacy.  The trial is still public as required by the U.S. Constitution and the Indiana Constitution, but unless the case has drawn media attention it is unlikely that public spectators will attend the trial. Lastly, if the issues for trial are complicated, it may to your advantage to have a person who is knowledgeable and experienced in the law decide if the State has met their burden.  On the other hand, there are risks of having a bench trial over a jury trial. For instance, your fate rests in the hands of one person. In a jury trial, if you can persuade at least one juror that the State failed to meet their burden, the State cannot convict you. If you have the right to a jury trial and are considering waiving this right, it is best that you don’t make that decision without first consulting an attorney.

The Importance of Legal Representation

The criminal prosecution process is often lengthy, but always complicated.  Licensed criminal defense lawyers understand the legal system, including court procedures and the rules of evidence.  Experienced criminal trial attorneys also know how to assess the strength of the evidence against you and the reasonableness of your possible defenses.

Contact an Indianapolis Criminal Defense Lawyer

If you are facing criminal charges in Indiana, contact our skilled Indianapolis criminal defense lawyers at Rigney Law LLC for legal guidance.