Do you need an attorney for a bench trial?

In a given criminal case, a defendant has the option to have their case decided by a jury of their peers, otherwise known as trial by jury. However, defendants opting to go without trial by jury will have their case decided by a judge, in what is known as a bench trial. While the ultimate decider in the case changes, the importance of having legal counsel does not. If a defendants opts into having a bench trial, have legal counsel involved from the onset will be important. The following reasons explain:

• Cases involving a bench trial will be decided by a judge, who in practice has extensive understanding of court and criminal procedure. Many defenses utilized in a bench trial successfully hinge on complex legal issues, which a jury may not fully understand.

• Any criminal case will require, regardless of how it is tried, a defendant to seek the advice and representation of legal counsel.The fact of the matter is that whether a judge or jury is determining a defendant's fate does not make the potential ramifications of conviction less serious.

• In any given case, a defendant often lacks an understanding of the law that would allow presenting viable criminal defense theories to the courts. This will include both issues concerning legal theory, as well as procedure.

In short, having legal counsel is instrumental in any successful criminal defense action. In virtually all cases, the potential costs and other losses upon conviction pale in comparison to the costs of legal counsel, which is often the sole reason a sane defendant may consider going without counsel in the first place. For more information and insight into your criminal case, it will be important to consult with a lawyer.