Featured News 2014 The Difference Between a Bench Trial and Jury Trial

The Difference Between a Bench Trial and Jury Trial

Did you know not all criminal cases go to trial? In fact, many criminal cases are settled prior to ever heading to the court room. This is because many defense attorneys can negotiate with the prosecution pre-trial and arrive at a satisfactory solution in the case. This period of the case is called the pre-trial motions.

During the pre-trial motions individuals can deal with a variety of different issues. A common pre-trial motion is working towards dismissal. Dismissal is when a case is closed prior to the trial due to inadmissible evidence, police error, or another argument. Also during pre-trial motions the attorneys can work to deal with a variety of issues

If a case does eventually go to trial, it will typically go to a jury trial or a bench trial. A bench trial is a trial in which the final decision will be made by a judge. That judge is considered the finder of fact and the ruler on matters of law and procedure.

This means that the judge decides credibility of the evidence presented at a trial and also decides what happens at the trial. Bench trials are normally faster than jury trials, because the attorneys won't need to go through the jury selection and instruction process. Bench trials also tend to be less formal then jury trials. If you are dealing with a very complex case, it is best to opt for a bench trial as a jury may not understand the issues at hand.

In a jury trial, there is a jury, typically composed of 12 jurors which will be present at all of the arguments in the case and will yield their final decision. In a jury trial the judge still presides over the questions of law and procedure during the trial, such as addressing an attorney's objections to questions or evidence. The benefit of a jury trial is that juries do not need to answer to anyone for the decisions that they make. Judges, on the other hand, may consider their decision in light of potential reelection or a review from the governor.

Trials in general are very serious in criminal cases. If your case goes to trial, you will want an organized and prepared attorney there to fight aggressively for you. Not all criminal defense lawyers have trial experience. If you want to learn more about trials and criminal cases, don't hesitate to explore the listings in this directory.

You may be able to locate a trustworthy and skilled criminal defense attorney who can help you to resolve your case quickly, whether in a pre-trial motion, a bench trial, or a jury trial. Deciding whether to pursue a bench or jury trial can be a very big decision, and isn't one that you should make alone. A skilled lawyer can help you to evaluate all of the factors affiliated with your case and determine the best possible choice.

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