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Although both types of trials have a judge, unlike a jury trial, a bench trial has no jury. Depending on the charges you are facing the differences between the two types of trials can change the final outcome. , According to Florida Courts, the majority of non-jury trials (bench trials) involve citizen disputes from traffic offenses to less serious misdemeanor charges. However, don’t allow this statement to decide for you before talking with an experienced attorney. , Misdemeanors can be upgraded to a felony offense, and a felony charge can be discharged based on concealed or misrepresented evidence. In either situation, you need to talk with an attorney., Consider discussing the circumstances with the law office of William Hanlon Criminal Lawyer in Tampa and learn the reasons for choosing one trial form over the other. , Court Trial Rules, In a bench trial, the facts of the case are presented to the judge, compared to a prosecutor describing the events and introducing witnesses to a jury of one’s peers (jury trial). In both cases, the judge or jury will make the final decision of guilty or not guilty. , Corresponding to the law and the court’s proceedings, the judge will decree what happens next.,
- Bench trails traditionally conclude faster than jury trials.
- Jury trials are more formal with a jury selection and judicial instructions.
- Bench trials have one individual (judge)to decide on the facts versus a jury trial of twelve.
, Florida Court Rules, In some situations, trial selections are made for you. Under Florida State Statue §918.0157, certain crimes involving punishment of jail or prison of six months or less does not allow a defendant the right to a jury trial. , In this case, the judge presides and concludes the court session with a verdict or a final decision (bench trial). Conditionally this applies to minor misdemeanor charges and not felony crimes. , Defendants accused of criminal crimes with the potential punishment of more than six months always have a right to a jury trial. Even if the judge were to sentence a defendant to less than six months or none at all, the Sixth Amendment protects the individual’s right to a trial by jury., Changing Uncertainty, Every case has some level of uncertainty when it comes to making legal decisions. It’s probably the best reason for choosing an experienced lawyer, knowledgeable of the court systems, familiar with the judge’s impartialities and the prosecutor’s level of skill. , Based on the complexity of the law combined with the legal issues, a trial by judge (bench trial) may be the best strategy to represent the facts applicable by law swiftly. , If there’s a chance you could lose, choosing to go to trial by jury may be the better choice. The decision to file a complaint with a higher court occurs more often with a jury trial compared to a bench trial. If you and your attorney choose a jury trial, keep in mind, in Florida the motion to appeal is based on strict time calculations., An appeals court is looking for errors of the law or an injustice committed such as a misrepresentation of legal precedent or evidence that did not apply to your case. Depending on the complexity of the facts, the final court decision could be issued in two months or up to two years., Choose your attorney wisely. You want an attorney with jurisdiction experience and skilled in Florida court proceedings. Always weigh the advantages and disadvantages for your particular circumstance., Feeling stress is normal and part of the process of going to trial. Working with a practiced and recognized attorney does make a difference.