All defendants charged with a crime in the United States have the right to a speedy trial by an impartial jury. However, there are times in which a defendant and their attorney may seek to have a bench trial instead of a jury trial. A bench trial is when a judge presides over the case and issues their final decision regarding the guilt of the accused. The key difference between a bench trial versus a jury trial is that the judge will assume the role of the jury in issuing the verdict. It’s important to understand that not all defendants or criminal cases are eligible for a bench trial, but there may be some advantages to this option if it’s available. If you are facing criminal charges in Southwest Washington state, it’s essential to discuss your legal rights and options with a highly qualified and knowledgeable Vancouver criminal defense attorney who can advocate powerfully on your behalf. Let’s compare a bench trial vs. jury trial so that you can get a sense of the potential pros and cons of each option.
What is a Bench Trial?
A bench trial does not involve a jury. Instead, the defendant appears before a judge who will hear all of the evidence from the defense and the prosecution before issuing a final decision as to whether the defendant is guilty. Since bench trials do not involve juries (i.e., jury selection, instruction, and deliberation), they tend to proceed more quickly than jury trials. Moreover, they are often less formal than jury trials as well. However, just because you decide to waive your right to a jury trial to receive a bench trial does not necessarily mean that the prosecution or the judge will accept your request.
What is a Jury Trial?
Most defendants facing criminal charges will appear in court, where their case will be heard by a jury that’s made up of twelve individuals. The jury will listen to the arguments and consider the evidence presented by both sides and then deliberate in order to reach a verdict. Although the judge does not determine the verdict, the judge will oversee the trial and make important decisions about the procedural and evidentiary matters involved in the case. Generally speaking, juries are usually less familiar with the criminal justice system than the judge is, and they may be more likely to be swayed by emotional testimony or arguments. As you weigh the pros and cons of jury trial vs. bench trial, it is important that your Clark County criminal defense lawyer is familiar with practicing before the judge presiding over your trial- to evaluate whether a bench trial is preferred, depending on the specifics of your case.
Deciding Between a Bench Trial or Jury Trial in Clark County
Facing criminal charges of any kind can be a stressful and intimidating experience, especially for first-time offenders. However, it’s critical that you recognize that you do not have to move through this challenging process alone. With a trusted and experienced Camas criminal defense attorney by your side, you can trust that your legal rights and best interests will be protected at every opportunity.
The Vern McCray Law Firm, PLLC, proudly offers exceptional criminal defense attorney services to clients throughout Southwest Washington state. If you or a loved one is facing criminal charges in the Camas or Vancouver area, please call our office right away at (360) 834-6262 to get started with a highly qualified and experienced criminal defense attorney.
