Which types of cases are not eligible for trial by jury?
Which types of cases are not eligible for trial by jury?
Serious Offenses Only According to the Supreme Court, the jury-trial right applies only when “serious” offenses are at hand—petty offenses don’t invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months’ imprisonment.
Why would a jury trial be waived?
It might be to your advantage to waive your right to a jury trial if your case will be heard before a judge who is known to be more lenient. An experienced attorney who knows the local courts may be able to determine whether it is in your best interest to have your case heard by a judge.
Is it better to have a trial by judge or jury?
A bench trial is also faster and the judge often returns a “finding” (the functional equivalent of a verdict) much quicker than in a jury trial. Both the defendant and the People have the right to a jury trial in misdemeanor and felony trials (California Constitution, Article I, § 16 and Penal Code § 699).
Which is better jury or judge?
And while there are always exceptions for particular cases, generally speaking as a defendant a trial by jury is usually a better choice than a judge (also known as a bench trial), one that is particularly preferred in Texas despite some declining numbers.
Can a judge go against a jury?
To overturn a guilty verdict, the judge must look at all evidence presented most favorable to the prosecution. The judge can only grant judgment to overturn the verdict if the evidence clearly fails to establish guilt. A judge will never interfere with a jury’s decision and process unless there is a legitimate reason.
What’s the point of a judge if there’s a jury?
In cases with a jury, the judge is responsible for insuring that the law is followed, and the jury determines the facts. In cases without a jury, the judge also is the finder of fact. A judge is an elected or appointed official who conducts court proceedings.
What happens if you are found guilty at trial?
In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.
What percentage of cases go to trial?
The conservative estimate seems to be that over 90% of cases end in guilty pleas. The United States Courts website estimates that more than 90% of federal cases resolve this way. A 2012 New York Times article reported that 97% of federal cases and 94% of state cases end via plea bargain.
What’s the average payout for a slip and fall?
between $15,000 and $45,000
How do you win a slip and fall settlement?
To win a slip and fall settlement, you must build a strong case that convinces the responsible party to pay you fairly for the accident without having to take your case to trial.
What percentage of slip and fall cases go to trial?
Only two percent of cases go to a jury trial.
