Massachusetts Jury Trial v. Bench Trial
In a Massachusetts DUI trial, you have a choice if you wish to have your case
presented to a jury or a judge.
If you select a
trial by jury, your case will be decided by 6 jurors. They will be the
sole arbiters of your guilt or innocence. Most people are at least casually
familiar with the mechanics of a jury trial. There is an opening statement,
presentation of witnesses and evidence, and a closing argument. Then the jurors
deliberate and come back with a verdict of guilty or not guilty.
Audio Advice from Attorney Russell Matson: How do you decide on a Bench Trial vs. a Jury Trial?
You can also request a "bench trial". In a bench trial,
there is no jury. (It's also sometimes called a "jury waive"
trial) The judge is the one who decides the case. Also, in a bench trial,
lawyers typically waive their rights to an opening statement, but there is a closing
statement.
Depending on the facts of the case, I may recommend a bench trial to my clients if the judge is known to be a good
judge for defendants, or in cases where a good outcome, (i.e., not guilty
verdict) rests on a specific legal point that a judge would likely
recognize but a jury might not fully appreciate.
Another good reason to choose to waive your right to a jury trial and have a
bench trial is speed. Jury trials take longer, and are not always
possible, even when a case is set for a jury trial that day. A case on for a
jury trial may drag on for months, and many additional court dates waiting
for a chance to argue the case. It always depends on the caseload in the
court that day, and which trials have priority in a limited number of
courtrooms and jury pools. Usually the older the case is, the more likely it
is to be heard.
Bench trials, on the other hand, are quick, and judges are usually willing to
accommodate a bench trial during the court's business that day. In a
second or
third offense case, I would be less inclined to consider a bench trial, unless
the case against my client is particularly weak. That is because a judge will
generally know that it is a multiple offense, where jury would not be told. It's
true that a judge isn't legally allowed to consider the fact that it might be a
2nd, 3rd, or 4th offense, but it's still possible that it might cloud his or her judgment.
And politically, no judge wants to be known for issuing not guilty findings in
multiple offense OUI cases.
When I take a Massachusetts drunk driving case to trial, I beat the case more than two thirds of the time.
Of course I can't guarantee any result, and, every case is different, but as I
said, for most people a trial is the best way to get a fair outcome.
For my take on your case, call me now at (781) 380-7730.
Call Russell Matson's cell phone to talk to a drunk driving / DUI / OUI attorney anytime at (781)380-7730.
|
