There are two areas in the United States Constitution that protect your right to a jury trial: Article II, Section 2 as well as the Sixth Amendment. That said, you do have a right to choose a bench trial over a jury trial. A bench trial is one in which the judge makes all the decisions about your case. This is almost never the right options but there are exceptions.

At Law Office of Michael L. Fell we have been handling criminal cases for decades and can quickly determine if your case is right for waiving your rights for a jury trial. Read on to learn about three of the main reasons a person may choose to do so. Then contact us at (949) 585-9055 if you are ready for a free legal consultation.

1. You have been charged with a particularly heinous crime

The fact of the matter is that if you are charged with a crime that is very violent or otherwise heinous, then you may run a risk by turning your fate over to a group of jurors. They may not be able to see past the nature of the crime to make a fact-based judgement about whether or not there is enough evidence to convict you. A judge may be more likely to do so.

2. There has been national attention on your case

Whether it is caused by the specifics of your case or the person who was the alleged victim, if a criminal case gets national attention then it can be impossible to find jurors who have not been tainted by media coverage. If your attorney does not feel that you can find any impartial jurors then it may be best to hand over the decision process to the judge.

3. You have been assigned a lenient judge

In a perfect world, all judges would be make decisions based on nothing but the law and one judge’s decisions would always be consistent with the decisions of another judge. Unfortunately, in the real world this is not the way it works. Some judges are known for being particularly harsh while others are known for being lenient. If you hire an experienced criminal defense attorney who knows the local courts then they may know that a particular judge may offer a better chance of a positive outcome.

Talk to an attorney right now to find out what your options are

Is it best for you to waive your right to a jury trial? That depends on your particular case, what you have been charged with, and the evidence against you. What is true for every defendant is that an attorney will be better able to determine how to proceed. You can speak to an experienced attorney now by calling Law Office of Michael L. Fell at (949) 585-9055.