What differentiates a bench trial from a jury trial?
What differentiates a bench trial from a jury trial?
One of the biggest reasons to hire a criminal defense attorney as soon as possible after your arrest is so that you can be adequately prepared for what to expect in court. Believe it or not, real court does not always operate just like television or movies. Do not count on your assumptions of what will happen until you have had the chance to consult with your attorney.
Two of the terms you might be familiar with in regard to criminal defense are the bench trial and jury trial. In a bench trial, the judge is the decider of the facts and the law. The judge will hear all of the evidence in the case and make a final decision about whether the party is guilty or not guilty. Usually, these trials are less formal and require less time than a typical jury trial. A bench trial may be used when there are legal issues that may be difficult for a jury to understand or where fact scenarios are inappropriate for presentation to a jury.
A jury trial, on the other hand, involves a panel of “peers” who hear the evidence in a case and make a decision about whether the charged party is guilty or not guilty. In a jury trial, while the jury determines the facts, the Judge decides the law to be applied.
How your attorney prepares your case may depend on whether a judge will be hearing the issues or whether it will go to a jury. As you might guess, it is very important to select a criminal defense attorney who understands how the law works and the likely scenarios for your case. This not only gives you some idea of what you can prepare for, but it also makes the process unfold much more smoothly so that you and your attorney can plan ahead. Discuss what your case might look like in court with your attorney. Attorney Julie Rendelman has extensive experience as both a prosecutor and a defense lawyer and has argued many cases in the courtroom. Ms. Rendelman offers free consultations at 212-951-1232 . Visit www.RendelmanLaw.com to learn more about Ms. Rendelman’s practice.
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