Waiving My Right To A Jury Trial - Is It A Good Idea?

You have a right under California law to be tried by a jury if you face criminal charges. This right is outlined in the Sixth Amendment to the U.S. Constitution, which explicitly guarantees a jury trial in criminal cases. This right also applies under Article 1, Section 16 of the California constitution. Sometimes, however, you can waive your right to a jury trial in favor of a bench trial. A bench trial is where a judge makes a ruling after determining guilt or innocence.

How To Waive Your Right To A Jury Trial

There are legal guidelines or rules for deciding to waive your right to a trial by jury. The decision is usually made by a defendant and their criminal defense attorney based on the facts of the charges. In some cases, your attorney can guide you in one direction.

In a criminal case, you can waive your right to a jury trial and instead opt for a bench trial where the judge makes an innocent or guilty ruling. You can do this for several reasons, including:

• If the judge has a reputation for leniency or if your charges have gained national attention, a bench trial might be preferable

• The judge can keep your charges from the local news or resolve your case swiftly

• You have a lengthy criminal record and wish to reduce public exposure

• You are not automatically given jury trial rights under California and federal laws

• You want a less expensive resolution because a bench trial is cheaper than a jury trial

• If concerns exist about potential bias based on your appearance, a bench trial might be preferable

• If it is in your best interest to waive your right to a jury trial in favor of a negotiated plea bargain with a district attorney — In this case, you plead guilty or no contest in exchange for a reduced sentence. An "Alford plea" is a guilty plea that allows you to maintain your innocence while still accepting the outcome of your conviction.

The decision to waive a jury trial must be made voluntarily and intelligently once the judge has explained the differences between a jury trial and a bench trial. For example, you and your criminal defense attorney can be involved in jury selection. In this case, all the 12 jurors must agree unanimously on the judgment. Jury selection does not happen in a bench trial, but the judge makes a ruling after hearing all the evidence. Additionally, certain offenses, like misdemeanors with a jail term of less than six months, are not eligible for a jury trial.

Alford Plea Explained

An Alford plea allows you to maintain your claim of innocence while acknowledging that sufficient evidence exists for a conviction. This plea arises from the 1970 Supreme Court case of North Carolina v. Alford. It rules that you can enter a guilty plea without admitting guilt as long as you do it voluntarily and with the knowledge of the repercussions.

Alford pleas can be used in California but may have implications for sentencing and future legal consequences. This plea is treated like a traditional guilty plea for sentencing and conviction purposes. However, it can attract different legal repercussions regarding civil liability and parole decisions because the defendant does not plead guilty.

You can take Alford Plea if the evidence against you is too strong to take the risk of proceeding to trial.

Understanding A Jury Trial

During your arraignment, you will enter a "not guilty" plea and later engage in several pretrial proceedings to resolve your charges. There will likely be a plea bargain option. However, you will proceed to trial if you maintain your "not guilty" plea, which is allowed under the law.

A jury has 12 members representing a cross-section of the society where you committed the offense. Jurors are selected to represent a fair cross-section of the community, but jury composition may not always reflect every demographic group equally. However, the defense and district attorney cannot deliberately exclude certain people and develop an unrepresentative jury.

The jury must unanimously agree that you are guilty beyond a reasonable doubt before convicting you. This is also known as a moral certainty. A jury trial right can extend to defendants facing misdemeanor and felony charges. However, minor misdemeanor violations might not qualify for jury trial.

A jury trial can go into several phases, including:

• Jury selection

• Opening statements

• Evidence

• Closing arguments

• Jury deliberations

• Verdict, and

• Sentencing

A Bench Trial

During a bench trial, the judge presiding over your case will do the following:

• Hear the evidence

• Determine the facts of the case

• Consider the legal issues that arise, and

• Make a ruling whether you are guilty or innocent

The prosecutor must prove the charges against you beyond a reasonable doubt for you to be convicted. A bench trial has the following advantages:

Complex Legal Arguments

A bench trial can be suitable in situations that involve technical arguments. The judge has the appropriate skills and can understand and apply complicated legal concepts.

More Predictable

A bench trial is more predictable. You can understand the position of the judge on your case before the trial begins based on past rulings. This happens if the same judge hears and makes a ruling in any pretrial motions and a trial.

More Neutral Decision Maker

Most defendants prefer a bench trial because judges apply the law neutrally and dispassionately. A judge can set aside any possible biases because of their professional experience. For example, a bench trial can be the best if your case is high-profile and has attracted wide media coverage.

A judge in a bench trial can disregard inadmissible evidence, which might otherwise influence a jury.

More Efficient

Cases are resolved faster in a bench trial because there is no jury selection process. The court does not have to explain the relevant law to a jury. A bench trial often moves faster because legal issues can be addressed directly with the judge rather than explained to a jury. However, this advantage is dependent on the uniqueness of your case.

There is a caveat of efficiency in a bench trial, and most defendants prefer this because of the time factor. Most defendants take this option because they want to return to normal lives. Unfortunately, this reasoning can lead a defendant in the wrong direction. Efficiency is only applicable in certain respects but not in others.

Other advantages of a bench trial include:

• Your criminal defense attorney can recommend a bench trial if you are assigned a judge with a record of being lenient for mitigating circumstances

• If you want to keep the details of your case out of the public eye, a bench trial is more confidential than a jury trial

• Certain biases may affect jury perception, making a bench trial a strategic choice in some cases

Disadvantages Of A Bench Trial

A bench trial might not be suitable for you because of the following reasons:

• Jury members always reflect community norms and values, while a judge cannot fully understand these perspectives. This can be disadvantageous in situations where societal context is necessary.

• Judges seek to remain impartial, but they can have unconscious biases

• All decisions are made by a single person in a bench trial. The judge interprets the law solely, evaluates the evidence, and makes a ruling

• Sometimes, juries can empathize with a case's human aspects, but the judge is known for a more impersonal approach

• You will be giving up your opportunity to have your case heard and decided by a panel of your peers if you waive a jury trial

Contractual Jury Trials Waivers

You can only waive a jury trial after the charges against you are filed. If the parties enter into an agreement that any right to a jury trial for the alleged crime is waived, then the court will strike the jury's demand. If this happens, the judge can make a ruling on your case without a jury. However, limitations exist to waiving a jury trial in litigation via contractual agreements. Sometimes, the court cannot execute the waiver if it formed part of a broader "boilerplate" contract, which was not effectively bargained between the parties. The court can also turn down the waiver enforcement if there was undue influence or pressure on you when you signed the waiver.

The jury trial waivers, part of bargained, arms-length transactions, are enforceable. In this case, a skilled criminal defense attorney must know when a jury trial waiver will be effective. An attorney must also know when you can still request a jury trial for a given case.

The Difference Between A Jury Trial And A Bench Trial

A jury trial and a bench trial are two different court proceedings that can significantly influence the course and outcome of your charges. A jury trial comprises 12 impartial peers who must evaluate the evidence and determine the facts of your charges.

The judge's duty in a jury trial is to preside over the charges, execute judgment on legal issues, and guide the jury on the applicable law. Your defense team and attorneys for the prosecution must agree on the juror's selection. The jury is unanimous in ruling in criminal cases, whether guilty or not. Otherwise, it is deemed a "hung jury", and a mistrial should be declared.

On the other hand, a bench trial does not have a jury. Instead, the judge will serve a dual role. In this case, he/she will act as the arbiter of the law and the determiner of facts. The judge will make legal judgments, evaluate evidence, and decide the verdict.

Legal Considerations And Strategies

The following is required when choosing between a jury trial and a bench trial:

• Consider the nature of your charges and complexities

• Strategic considerations

• The potential influence of public opinion

Your attorney must scrutinize the implications of the waiver in this decision. The nature of your charges is the first thing you should consider. For example, charges involving technical or complex legal issues can benefit from the judge's expertise to avoid the jury's potential biases. This is relevant, especially in civil litigation, where the nuances of law can be significant in deciding the outcomes.

Strategic considerations can also play a major role in the process of decision-making. Your criminal defense attorney must assess the specific weaknesses and strengths of your charges, including witness credibility and the quality of the evidence. In some cases, a judge can offer a more predictable and controlled environment for presenting the charges, particularly if the risk of emotional decision-making by the jurors is high.

Waiving the jury can make the trial process faster, thereby lowering the expenses and period involved for both parties.

You should also assess the possibilities of appealing because jury trials always lead to rulings, which are more prone to judicial review. A bench trial can restrict the basis for appeal because findings of fact by the judge usually carry more deference in appellate courts. You should carry out a thorough evaluation of both legal and strategic considerations before waiving a jury trial. This will ensure your attorney's choice aligns with your best interests and the unique context of the charges you are facing.

Find a Skilled Criminal Defense Attorney Near Me

Most defendants often wonder whether they should waive their right to a jury trial. You can consider waiving your right to a jury trial in favor of a bench trial. You could waive your right to a jury trial for several reasons. Perhaps you want to resolve your case fast or keep it away from the public or local news. Perhaps you want to minimize public exposure due to your lengthy criminal record. Sometimes, you can waive your right to a trial in favor of a plea bargain deal where you plead guilty for a lighter sentence.

If you decide to waive your right to a jury trial, your case will proceed directly to sentencing. If you or a loved one is facing criminal charges and wondering whether you should waive your right to a jury trial, our attorneys at Law Offices Of Jonathan Franklin can help. We will evaluate your charges and advise on the best course of action in Los Angeles. Contact us at 310-273-9600 to speak to one of our attorneys.