what if you want a trial jury but do not have an attorney who does the voir dair

The district attorney prosecuting the case must also agree to waive jury trial. Unless the district attorney agrees, the case will be tried by a jury. A prosecutor may want to have a jury trial instead of a court trial if any or all of the reasons above are true for an accused wanting a court trial.

Full Answer

Should a defendant get a new trial if jurors don't pay attention?

Apr 11, 2019 · However, this changed in 2018, when New York's highest court held that noncitizens are entitled to jury trials for deportable offenses under the Sixth Amendment guarantee for a right to a jury trial. Discuss Your Right to a Jury Trial with an Attorney. The right to a jury trial is a significant right for anyone accused of a crime, as well as to the community …

Do I have to have a jury trial in my case?

Oct 22, 2016 · The Sixth Amendment of the United States Constitution guarantees criminal defendants the right to a speedy and public trial by an impartial jury of their peers. Most defendants who do not resolve their case through a plea bargain exercise this right. They would rather have 12 people (or six if it is a misdemeanor case in Texas) — instead of ...

Should I choose a jury trial or trial by Judge for DUI?

There have been some very significant changes recently in the rules affecting when a party must demand a jury trial and post jury fees. This has become a real trap for the unwary. Code of Civil Procedure section 631, which was amended effective September 17, 2012, provides that a party demanding a jury trial must pay a $150 nonrefundable ...

Why do defense lawyers prefer a jury over a bench trial?

Nov 19, 2014 · Your right to a jury trial under the Sixth Amendment of the U.S. Constitution applies to "serious" and not petty offenses. For many misdemeanors and infractions, defendants may not have an option to have their cases heard by a jury, so a judge is often the only option. Most courts have settled that a jury trial must be an option for any offense ...

How are jurors selected in Wisconsin?

How are jurors selected in USA?

At what age are you exempt from jury duty in Texas?

How much do you get paid for jury duty in Texas?

Who is exempt from jury duty?

What does deadlocked mean in a trial?

What disqualifies you from jury duty in Texas?

How do I get out of jury duty Texas?

What is the best excuse for jury duty?

Can you wear jeans to jury duty in Texas?

Is jury duty mandatory?

How often can you be called for jury duty in Texas?

Is it easy to have a trial by jury?

As with all aspects of the justice system, the decision to have a trial by judge or jury is not an easy one . Some defendants may benefit from power in numbers, while others may be better off playing to an audience of one.

What is the right to a jury trial?

The Sixth Amendment of the United States Constitution guarantees criminal defendants the right to a speedy and public trial by an impartial jury of their peers. Most defendants who do not resolve their case through a plea bargain exercise this right.

How many jurors are there in a criminal trial?

Trial by Judge or Jury? When people think of a criminal trial, they often envision 12 jurors, a judge, and opposing attorneys making impassioned arguments about truth and justice. While many trials play out this way, others move forward without one of these elements: a jury.

What is bench trial?

A bench trial — a case tried to a judge instead of a jury — is decidedly less dramatic and may be advantageous in certain circumstances. In 2016, for example, three Baltimore police officers arrested in the death of Freddie Gray opted for a bench trial rather than a jury trial. All three were acquitted.

Did the police in the death of Freddie Gray have a bench trial?

In 2016, for example, three Baltimore police officers arrested in the death of Freddie Gray opted for a bench trial rather than a jury trial. All three were acquitted. As with all aspects of the justice system, the decision to have a trial by judge or jury is not an easy one. Some defendants may benefit from power in numbers, ...

Which amendment guarantees the right to a speedy and public trial?

Most Defendants Choose a Jury Trial. The jury trial has long been considered the bedrock of the criminal justice system. The Sixth Amendment of the United States Constitution guarantees criminal defendants the right to a speedy and public trial by an impartial jury of their peers.

Can a verdict be returned if one juror disagrees with the rest of the panel?

If one juror disagrees with the rest of the panel, a verdict can’t be returned. (Louisiana and Oregon are the exception, allowing non-unanimous verdicts.) Unanimous verdicts afford greater protection to the defendant and requires the prosecution to meet its burden of proof to the satisfaction of each and every juror.

Can you waive a client's right to a jury trial?

Don’t inadvertently waive your client’s right to a jury trial. There have been some very significant changes recently in the rules affecting when a party must demand a jury trial and post jury fees. This has become a real trap for the unwary.

When can a party waive his right to a jury trial?

A party may also waive his right to a jury trial if he fails to “announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set without notice or stipulation.”. CCP 631 (f) (4).

How long do you have to post jury fees before trial?

The prior rule required that a party post jury fees 25 days or more before trial.

How long do you have to post jury fees?

The prior rule required that a party post jury fees 25 days or more before trial . A party may also waive his right to a jury trial if he fails to “announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set without notice ...

Do attorneys pick their jurors?

But there are a few general traits attorneys take into consideration when trying to decide whether you’d help or hurt their argument. Attorneys don’t get to pick their jurors.

What does the defense look for in a lawsuit?

The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority.

Who can be pivotal in a verdict?

Leaders, contrarians, and independent thinkers can be pivotal in a verdict. These people have the potential to rally the rest of the group behind a unanimous decision, which is great for the plaintiff or the prosecutor.

Can you get a jury trial for a DUI?

Driving under the influence of drugs or alcohol (DUI) is generally a crime. So, if you're charged with a DUI offense, you normally have the right to a jury trial. In other words, you can request that the court impanel a group of jurors to decide whether you're guilty. But there's another option for defendants who decide to fight their case ...

What happens if a jury can't reach a unanimous verdict?

If jurors can't reach a unanimous decision on guilt, the court will normally declare a mistrial based on what's called a "hung jury .". Basically, a mistrial ends the trial without a resolution. The prosecution can retry a defendant following a mistrial, but they don't always bother to do so.

What does the judge instruct the jury on?

The judge instructs the jury on what the law is and how it applies to the case. Basically, these instructions amount to an explanation of what the prosecution must prove to get a conviction and what evidence the jurors are allowed to consider. But jurors don't always follow the rules.

Is a judge more likely to stick to the law?

Judges are more predictable with legal issues. Judges are more likely to stick to the law rather than make a decision based on extraneous circumstances. So a defendant who has a strong—but technical— legal defense to a DUI charge might fare better with a trial-by-judge. Lots of other factors—like the judge's track record with DUI defendants—might ...

What is a bench trial?

A bench trial is where the attorneys present evidence and argument directly to the judge, who then decides whether the state has proven the defendant guilty. With a bench trial, there's no jury involved at all.

Why do jury trials take longer than bench trials?

Jury trials typically take longer than bench trials because it takes time to select the jurors that will decide the case and for the judge to explain the law to the jurors. Possibility of a hung jury.

Can a jury be hung in a mistrial?

So, in some cases, a mistrial based on a hung jury amounts to a win for the defendant. With a bench trial, there's no jury involved, so a hung jury isn't possible. Jurors don' t always follow the law.

Can an attorney pick a jury?

Some states don’t let attorneys do much of anything when picking a jury. Other states, though, open the floor to them, and there’s no better way to figure out who’ll vote for an acquittal than by doing a solid voir dire. Even if the evidence against your client is overwhelming, you can still win if you pick the right jury.

Can you win if you pick the right jury?

Even if the evidence against your client is overwhelming, you can still win if you pick the right jury. The reverse is also true. Pick a majority of people looking to convict and no matter what the facts, they will. That’s how important selecting a jury is.

What is the reaction of a defense attorney to a low level violent crime?

From Above the Law. 1) Stereotypes don’t always work. If you’re a defense attorney defending a client charged with a low-level violent crime, the knee-jerk reaction is to kick off the juror who’s a banker but keep the social worker or nurse, kick off anyone who watches FOX, but keep the people who loved “Serial,” and always reject anyone affiliated ...

What is the knee jerk reaction to a criminal case?

If you’re a defense attorney defending a client charged with a low-level violent crime, the knee-jerk reaction is to kick off the juror who’s a banker but keep the social worker or nurse, kick off anyone who watches FOX, but keep the people who loved “Serial,” and always reject anyone affiliated with law enforcement.

Why do most requests for a new trial based on juror misconduct fail?

Most requests for a new trial based upon juror misconduct fail because it is often very hard for a defendant to meet the prejudice standard.

Why do jurors fail in a new trial?

Most requests for a new trial based upon juror misconduct fail because it is often very hard for a defendant to meet the prejudice standard. For example, if a juror slept through one portion of closing argument, but the lawyer repeated the missed information later in the argument, the court would likely find that the defendant was not prejudiced. The judge would probably rule similarly if a juror was caught doing crosswords during the testimony of an expert witness, but could show that she knew and understood the expert's opinion.

Which amendments protect the right to a fair and impartial trial?

Under the Sixth and 14 th Amendments to the U.S. Constitution, a criminal defendant in a jury trial is entitled to a fair and impartial jury. ( Morgan v. Illinois, 504 U.S. 719 (1992), Duncan v. Louisiana, 391 U.S. 145 (1968). See The Right to Trial by Jury .) Therefore, if any member of a jury engages in behavior that prevents a defendant from receiving a fair and impartial trial, that misconduct must be corrected; otherwise, the trial is unconstitutional.

When should a defendant present evidence that a jury is sleeping or inattentive?

Defendants should present evidence that a juror is sleeping or inattentive as soon as possible. Courts usually won't grant a motion for a mistrial or new trial if the defense knew that a juror was sleeping or inattentive but didn't bring it up until the end of trial.

Do jurors stop paying attention to the courtroom?

You wouldn't know it from watching TV, but courtrooms aren't always exciting. In fact, proceedings can be so painstaking that jurors stop paying attention—that is, if they don't completely nod off. Tempting as the urge may be, jurors who don't pay attention cause serious problems for the parties and the courts.

What is the defendant's burden?

The Defendant's Burden. Defendants who allege misconduct based on juror inattentiveness must show that: the juror did in fact sleep or otherwise not pay attention during the trial, and. the juror missed important information that made it impossible to render a fair, informed, and impartial verdict.

When a defendant raises the issue of juror inattentiveness, a court will typically ask the

When a defendant raises the issue of juror inattentiveness, a court will typically ask the prosecutor whether he also noticed the juror's allegedly inattentive behavior. The prosecutor has the right to object to any proposed remedies for juror misconduct.