When Should I Choose a Bench Trial in Fort Myers?

One of the most important aspects of the United States Constitution is your right to be judged by a jury of your peers. You can find this right under the Sixth Amendment, and in many cases it can be incredibly helpful during a criminal trial in Fort Myers. But what if you prefer to have a bench trial instead? What are the pros and cons of having a jury decide your fate in Florida? The answer to this question depends heavily on your unique circumstances – and you should discuss these factors with a defense attorney.

A Trial Might Not Be Necessary at All 

Although it may be important to decide between a bench trial and a jury trial, there could be a third viable option that does not involve a trial at all. Many defendants accept plea deals, and this could be the most appropriate strategy based on your unique circumstances. If you plead guilty, there is no need for a trial – and you will simply receive your sentence. However, pleading guilty is generally associated with more lenient sentences – and prosecutors may offer you a special deal in exchange for your guilty plea.

Cases That Demand Technical Knowledge 

A bench trial could be preferable if your defense strategy is highly technical in nature. Juries are effectively people who have been dragged in off the street – and the average person may not understand complex subjects. These might be legal loopholes, scientific theories, medical concepts, financial/tax laws, and much more.

Unlike juries, judges are legitimate legal experts. Even if they do not understand a particular subject, there are usually quick studies – and they are intelligent enough to understand even the most complex concepts central to your case. This is an example of when a bench trial could be preferable.

 Cases With a Strong Potential for Bias 

The average juror may be instructed to eliminate their own personal bias – but this is easier said than done. The “voir dire” may screen potential jurors for obvious bias, but sometimes they will still bring their own personal preconceptions into the courtroom.

For example, you might have been accused of a particularly heinous crime. Perhaps you are guilty of an offense that is considered taboo but innocent of a more serious charge. The lesser offense could influence the jury’s opinion of you, making them more likely to convict you of the major offense. Recent events, such as terrorist attacks, could make the jury less lenient toward you based solely on your ethnicity or national origin. These are all potential reasons to consider a bench trial.

Can a Defense Attorney in Fort Myers Help With a Bench Trial? 

If you want to proceed with a bench trial, a Fort Myers defense attorney can represent you throughout this process. A defense lawyer can also help you assess whether a bench trial is truly in your best interests. To learn more about the pros and cons of a bench trial, consider a consultation at The Foley & Wilson Law Firm. We have helped numerous defendants throughout the years – and we can do the same for you.

Sources: 

flmd.uscourts.gov/steps-justice

constitution.congress.gov/browse/essay/amdt6-4-1/ALDE_00013124/