Do you need a lawyer for a bench trial in a criminal case?

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Question:

Do you need a lawyer for a bench trial in a criminal case?

Answer:

In a criminal case, there are two possible ways that the case can be resolved. You can have a trial by jury, where a jury of your peers decides if you are innocent or guilty. You can also have a bench trial, where a judge decides your fate. You are entitled, in the US, to a trial by jury under the Constitution. However, some people choose to waive that right if they believe they are better off having a judge decide, such as if the case is very legally complex and a jury may not understand the legal nuances well enough to apply them. If you do opt to have a bench trial, then you will need a  lawyer for a bench trial. So, why do you need a lawyer?

  • In any criminal case, you generally want to have a lawyer. 
  • The Constitution entitles you to one because they recognize how important it is that you have an advocate on your side who knows the law
  • There are many different legal rules in a criminal case, such as how evidence is introduced, how witnesses are questioned, and what you need to prove in order to prove your innocence. The average person doesn't have the legal knowledge to mount the most successful criminal defense possible, and so he needs a lawyer to help him make sure he doesn't get convicted of a crime if there is any reasonable doubt as to his innocence
  • When a bench trial is requested, there is usually a reason to ask the judge to decide your case instead of the jury. If the reason is because the case is legally complex, it will be even more important to have a lawyer on your side who can help you to work within the law to get the best possible outcome. 

The sooner you involve a lawyer, the better your chances of having a positive outcome from a criminal trial. If you've been accused of a crime, consult with a lawyer today. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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