Bench Trial Vs Jury Trial

Before deciding whether a bench trial or a jury trial is best for you consult with an experienced criminal defense attorney. The judge s role is limited to moderating the proceedings determining what evidence is admissible answering questions of law and instructing the. You need advice on how to proceed.

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What Is The Difference Between A Bench Trial And A Jury Trial

A jury trial is a trial before a jury of 6 or 12 people who after hearing the evidence and legal arguments decide whether the defendant is guilty or not guilty of the charges against him.

Bench trial vs jury trial. One of the best reasons to choose a bench trial is having a complicated legal issue that a jury wouldn t understand. A bench trial is a trial to the judge. However a bench trial could not be the idea way to protect yourself an individual can almost always choose a jury trial instead of a bench trial. What is a bench trial.

A jury trial is almost like a bench trial but there s a critical difference. The alternative to a jury trial is a bench trial. In a criminal proceeding in state court a defendant may face a jury trial or a bench trial. Why one might choose a bench trial a case decided by a judge without the assistance of a jury is often referred to as a bench trial in bench trials the judge takes on two roles.

So what is a bench trial hearing best for when it comes to different legal cases. In the majority of cases an individual has the right to a jury trial if they so choose and if they preserve that right with the proper paperwork being filed. The decision to choose a bench trial or jury trial can affect the outcome of your case sometimes in profound ways. That of the referee who rules on the admissibility of evidence and decides questions of law and that of the finder of fact who ultimately determines how much weight to give the testimony of different witnesses.

Reasons for a bench trial. Contact an experienced criminal defense attorney in houston. As you can see there are some advantages of a jury trial and advantages of a bench trial. The judge does not reach the verdict instead the job of acquitting or convicting lies in the jury s hands.

In other words the judge decides what evidence is allowed at trial and the jury decides whether or not you are guilty. In a jury trial the judge will determine any questions of law and the jury will decide all issues of fact.