Bench Trials vs Jury Trials. Many people often wonder whether judge or jury trials are better. Bench trial vs jury trial.If a case is in municipal court a bench trial is the only type of trial available because municipal courts do not have the ability to preside over a jury trial. When a person goes to court as a defendant in a case, he or she has the option to choose a jury or bench trial. Learn more about the differences between jury and bench trials. In all civil court cases, including those in which a jury makes a decision, a judge must preside over the case. a trial with a jury): Time. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. on December 29, 2017. Who should you choose to render the verdict at your trial — a judge or a jury? The key difference between a bench trial and a jury trial is whether or not there is a jury to decide the outcome of the case or whether a judge makes a decision. Should I Waive a Jury Trial and Instead Have a Bench Trial? If you would like to speak to an experienced attorney about your case, contact the attorneys at David R. Price Jr., P.A. Most people assume that there are only a few outcomes that can occur in a criminal case. Is there a difference between a jury trial and a bench trial? You may still be entitled to a jury trial on appeal but not in the municipal court. a trial just in front of the judge): Time. PRO OF A BENCH TRIAL (i.e. Free Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Criminal Defense & Crime cases. Most of us know we have the right to a speedy jury trial.But many of us don't know that we can waive that right, if we choose. If this happens, the defendant may be given a lighter sentence in exchange for entering a guilty plea. Depends if it is a criminal or a civil natter. It's essential to speak with an experienced trial attorney before choosing between a jury or bench trial. What are the Differences Between a Bench Trial and a Jury Trial? Bench Trial vs. Jury Trial. In Massachusetts, a jury trial in the district court is comprised of six people. PRO OF A JURY TRIAL (i.e. In most circumstances, the defendant may be offered a plea bargain by the court. Was this your decision or your lawyer's and what was your thinking behind it? - Long Beach, California Criminal Defense Lawyer The latest decisions rendered by a judge are a roadmap to your success. Why did you go for a bench trial instead of a jury trial? For many people, there is a lot of confusion surrounding a jury trial vs. a bench trial. today for a free consultation. The identity of the trial judge may also be a consideration for a party deciding whether to proceed with a jury trial or a bench trial. In most circumstances, the defendant may be offered a plea bargain by the court. Posted by Bruce Yerman, Esq. Criminal defendants can choose to have what is known as a bench trial, where a judge takes on the role of the jury. This article will outline the basics of each option. Find out how each may affect the outcome of a case. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases.While a jury renders a verdict, a judge in a bench trial does the same by making a finding. Unlike a jury trial, in which you cannot be certain about the dynamics of the jury or the outcome of a trial, a bench trial presents the parties with a unique ability to peek behind the curtain. Many defendants opt for bench trials, while others prefer the traditional jury trial. Do you think it would've turned out differently if you had a jury? Jury trial vs bench trial. Again this can be a pro for either, depending on the situation. Most people assume that there are only a few outcomes that can occur in a criminal case. If you are going to be representing yourself in court, you would probably be better off to opt to have your case heard in front of a judge and not a jury. A bench trial is a trial by judge, as opposed to a trial by jury. The identity of the trial judge may also be a consideration for a party deciding whether to proceed with a jury trial or a bench trial. If this happens, the defendant may be given a lighter sentence in exchange for entering a guilty plea. Bench Trials vs Jury Trials. In a criminal matter, the prosecution (federal, local, or state ) bears the court costs, including the jury costs, and all the defendant is liable for is his defense attorney costs. If you are weighing your options, you may wonder which is best for your case.