Is it better to have a jury trial or bench trial?

Is it better to have a jury trial or bench trial?

Generally speaking, a bench trial is advantageous really in only a small percentage of trials. A jury trial is usually heavily favored by most defendants because it allows twelve persons, rather than one, to determine witness credibility and, in some cases, unreasonable conduct by police.

Is the jury in a bench trial?

A bench trial (whether criminal or civil) that is presided over by a judge has some distinctive characteristics, but it is basically the same as a jury trial, only without the jury. For example, the rules of evidence and methods of objection are the same in a bench trial as in a jury trial.

Do divorce trials have juries?

Most States Don’t Allow Jury Trials in Divorce Court But, only a judge can decide issues of visitation and child support.

Do you get sentenced at a bench trial?

Your case will be tried at a bench trial. If the judge states before trial that he will not impose any jail or prison time, then the defendant no longer is entitled to a jury trial and will have a bench trial.

How long do bench trials last?

SInce this is not a jury trial, it should not take more than 3 hours at the most unless you and/or the prosecutor have several witnesses to call.

Can a bench trial be continued?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

Can a bench trial be appealed?

Overview. If you lose your court case, you can file an appeal, in which the court’s original decision is reviewed and may be reversed or changed. When making an appeal, you must show that the previous decision-maker made a factual or legal error that affected the outcome of your case.

Who decides trial by jury or judge?

Petit Jury Though trial by jury is an important right in America, a criminal defendant can waive this right and have the case decided by a Judge alone. If that happens, it is called a bench trial. In the 7th Amendment, the Bill of Rights also guarantees you the right to jury trial for civil matters.

Why do lawyers ask for continuances?

Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.

What are good reasons for a continuance?

Good Reasons for a Continuance or Extension of TimeYou need to be away on business.Your key witness is out of town.Your opponent served you surprise discovery requests that take time to respond to.You were not served enough days before the hearing.You’re pro se and need more time to prepare.

Can I ask for a continuance without a lawyer?

Yes. You must show up in Court and ask the judge for a continuance based on the fact you are seeking out legal representation. Depending on the Judge and County you are likely to get at least one continuance to seek out counsel.

Do both parties have to agree to a continuance?

The other party might only agree to a continuance if you agree to certain things before the next hearing. If the things are reasonable (or a judge would think so), you can agree. If you do not agree to the other party’s conditions or the new proposed hearing date, you must go to court to ask for a continuance.

Can I get a continuance over the phone?

Typically a mere phone call will not be enough to change a court date, although it may be possible. You can look on the state’s website for rules and forms. Some courts have specific continuance request forms, while other courts have generic motion forms on which you can write your request for a continuance.

How many times can a defendant ask for a continuance?

There is no limit on the number a times a case can be continued. There is an urban legend that each side gets three continuances, but that is just not the case.

Can you ask for a continuance in eviction court?

Either person may ask that the court date be delayed; the court will agree only if there is a good reason. A delay will be no more than three business days .

What is a hardship stay?

An eviction stay of execution due to hardship under California Code of Civil Procedure §918(a) in California may be granted if the tenant satisfies the court that extreme hardship would occur but for the temporary delay.

How many days does the judge give you to move out?

7-14 days