 
Bose Law Firm, PLLC Virginia Criminal Defense Lawyers Former Police and Investigators Email: bose@boselawfirm.com McLean Offices: 8180 Greensboro Drive Suite 775 Mclean, VA 22102 Springfield Offices: 6354 Rolling Mill Place Suite 102 Springfield, VA 22152 Telephone: 703-926-3900 Toll Free: 877-372-2827 |
|
|
 |
|
| TO WAIVE OR NOT TO WAIVE |
|
|
Whether you should waive a jury trial for a bench or judge trial is a strategic decision to be made with an experienced attorney. The accused has the right to a trial by jury of individuals selected from the community. The jury is the fact finder who will then decide if there are sufficient facts for a guilty finding. The advantage to this in felony cases is that twelve individuals must find you guilty as opposed to only one judge. The downside to a trial by jury is that if the jury does find you guilty, that same jury will make a sentencing recommendation to the judge which the judge will likely follow. The jury cannot suspend time. If it’s a trial without a jury, then the judge becomes the fact finder and determines guilt or innocence. If the judge finds you guilty, unlike a jury, he has discretion when sentencing to suspend jail time. It should be noted that even if you decide to waive a jury trial, the prosecution still has the option of not waiving and can force you to take your case to a jury.
|
site and contents copyright 2006, all rights reserved