DWI Bench Trial or Jury Trial
If you are charged with driving while intoxicated and decide to fight your charges, you will face one of two types of trials: a DWI bench trial or jury trial. There are advantages and disadvantages to each type of trial, so it is important to contact an experienced DWI defense lawyer before making a decision.A bench trial is a trial that is held before a judge instead of a jury. It is referred to as such because the judge sits on a “bench” while presiding over a case. In a bench trial, the judge hears the facts of the case and decides whether the defendant is guilty or not guilty.
A jury trial, on the other hand, consists of twelve jurors who determine the defendant’s verdict. Not every criminal case is eligible for a jury trial.
In cases that involve legal details, it may be advantageous to choose a bench trial. For example, if the defendant’s rights were violated or guidelines were not followed during the drunk-driving arrest, the judge will understand the implications more so than a jury. The proceedings are less time-consuming and formal than a jury trial. A bench trial is also a better choice if the defendant wishes to have his or her charges reduced.
A jury trial may be a better option if the defense believes that a jury would be more sympathetic than a judge. There is also a better chance of appealing the case, should the defendant wish to contest the verdict or sentence later.
You and your defense attorney must decide whether the prosecution has a better chance of convincing the jury or a judge of your guilt. It is important to carefully weigh the pros and cons of each type of trial, as the penalties for a conviction may include jail time, probation, fines, community service, and the loss of driving privileges. Your insurance rates may skyrocket and you can potentially have trouble finding future employment with a DWI in your record.
For more information on whether you should request a DWI bench trial or jury trial, contact a skilled defense attorney in your area today.
