Choosing a Judge Vs. a Jury Trial in Greeley
Read this page if you are trying to decide whether to choose a judge or jury trial for your criminal case in Weld, Morgan, or Logan County. We are skilled criminal defense attorneys who have over 20 years of experience in the court room. If you have been charged with Assault, Domestic Violence, or Drug crimes, it is important to understand the difference between a judge and jury trial in Greeley, Evans, and Erie.
Juries in Felony, Misdemeanor, and City Court / Municipal Cases
If you have been charged with a crime which carries the possibility of jail time, you are entitled to a jury trial. In most cases, it is better to choose a jury trial. With a jury trial, you have more than one person deciding your fate and you have a better chance of a fair outcome.
Juries and Felony Cases
If you have been charged with a felony, you are entitled to a 12 person jury. You are given this many jurors because a prison sentence is a possibility if you lose. This is a good thing – the more people on the jury, the better. This is because the vote regarding your innocence or guilt must be unanimous. If the jury can’t come to a unanimous decision, your trial will end in a mistrial. The prosecution will have 90 days to retry your case with a new jury.
Juries and Misdemeanor Cases
If you have been charged with a misdemeanor, you are entitled to a 6 person jury. Never agree to fewer people on your jury – it will be easier to convict you of a crime. The worst sentence you can receive for a misdemeanor offense is up to 24 months in the Weld County Jail.
Juries and City Court or Municipal Cases
You are not entitled to a jury in your Greeley city court or municipal case unless your charges could result in jail time. If your charges could result in jail and you wish to have a jury, you must pay a $25 fee and submit a written request for a jury after your first court appearance.
Reasons for Choosing a Jury Over a Judge
There are many reasons to choose a jury trial over a judge (also called court or bench) trial. Judges are more likely to side with the prosecution in criminal cases. We’ll discuss the reasons why in detail below:
Judges and District Attorneys Work Together
Judges and DAs work together on a daily basis. This means they know each other’s preferences, likes, and dislikes. Often, they are social inside the courtroom. This creates a sense of loyalty and a bias.
Judge’s Jobs Depend on Public Opinion
Judges are subject to a retention vote. This means the public votes on whether or not they keep their job. Before the vote, District Attorneys, the police, and special rights groups (such as Mothers Against Drunk Driving, domestic violence women’s groups, and victim’s rights groups) are allowed to voice their opinion of the judge. This sways public opinion and puts judges’ jobs on the line.
Judges Used to Be District Attorneys
Many judges begin their careers as prosecutors in the District Attorney’s office. Do you want someone deciding your fate who has years of experience in prosecution? This experience cannot be forgotten or erased once they become a judge.
Judges Have a Bias Towards You
Judges are faced with hundreds of cases each week involving many guilty people. They get used to working with people who are guilty and begin to make assumptions and believe generalities. They will make assumptions in your case because of this bias. They are busy, and a jury trial takes at least double the amount of time as a bench trial. They will rush your case simply because they are overwhelmed by the number of cases they face.
Judges are Paid by Tax Dollars
District Attorneys and judges receive their income from the state of Colorado, while juries are not paid. Juries are much less biased than judges because their income is not dependent on public opinion.
Work with an Experienced Attorney for Your Trial Case
If you have been accused of a crime and have questions about whether to choose a jury or a judge trial in Weld, Morgan, or Logan County, don’t hesitate to contact one of our skilled lawyers. We have over 20 years of experience in the courtroom, and have personal experience with judges and DAs. Don’t stand alone in front of a judge or jury – have an experienced criminal defense lawyer by your side.