When you think about trials, the first thing that Depending on the facts of your case, you may be entitled to only a bench trial. If your case involves a bench trial, your attorney will need to prove liability and appeal to only the judge in order to win your case. You may picture is a courtroom with a judge and jury. In most situations, this image is accurate. However, in some legal cases, there is no jury and the judge alone determines the fate of a case. This is known as a bench trial.
What Is a Bench Trial?
A bench trial is conducted by the court without the presence of a jury. The judge, or a panel of judges, acts as both the fact finder and the ultimate ruler of the case. In other words, the judge will act as both the jury and the judge.
While the Sixth Amendment of the United States Constitution grants individuals the right to a trial by jury, this right may not extend to certain cases. Under New Jersey law, bench trials are often reserved for traffic cases, disorderly person offenses, and drunk driving cases. If your legal situation only allows you the right to a bench trial, your attorney may advise you as to how you should prepare and what your legal rights are under the law.
What Happens In a Bench Trial?
The trial process is generally the same in a bench and jury trial. Similar to a jury trial, in order to convict a defendant of charges in a bench trial, the prosecution must prove that he or she is guilty of the offense in question beyond a reasonable doubt.
The main difference between the two different types of trials is that in a bench trial, the final verdict is determined entirely by the judge without the need for jury deliberations. This means that the judge must determine whether the defendant is guilty or innocent.
Contact Us
To learn more about bench trials or to schedule a complimentary consultation with New Jersey DUI attorney Dan Matrafajlo, please call 908-248-4404.
