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Jury Trial

If you are not able to resolve the felony case to your satisfaction with the prosecutor, your case will need to be set for trial. There are two types of trials that are available for a person charge with a felony. You have the option to have a jury trial or a bench trial. A bench trial is a trial before the judge. The judge will sit and listen to the state’s evidence. The judge will allow your attorney to present a defense which includes calling witnesses. At the end of the case, the judge will listen to arguments and deliver a verdict.

In numerous circumstances, you and your attorney may decide conduct a jury trial. Your attorney may feel uncomfortable waiving jury and setting the case for a bench trial. A jury trial is a trial in which individuals from the county are called to listen to all the facts and render the verdict. The jurors will be asked numerous questions from the judge, the prosecutor and your attorney regarding their qualifications to sit as a juror. Both the state and the defense will have the option to excuse various jurors with a preemptory challenge. These potential jurors are removed because either side believes that the potential juror may be biased for the other side. An example would be a defense attorney in a DUI would never allow a person associated with Mothers Against Drunk Driving to be seated as a juror. There is a limit to how many preemptory challenges each side has and is governed by your states rules. Jury trials can be very complex and require lengthy preparation for your local DUI attorney. The burden of proof on the state is the same as in a bench trial, beyond a reasonable doubt.

Jury trials are typically longer in duration than a bench trial. Some Jury trials may last several weeks depending upon the complexity of the case.


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Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134

630-925-7188    Office
630-319-4945    Cell
630-829-7138    Fax
pbuhlawoffice@yahoo.com