On the issue of a Bench Trial versus a Jury Trial, in our jurisdiction here in the Myrtle Beach area, the summary court cases start out as a Bench Trial. The issue that a person has there is: do you really want to stand there in front of a judge and have a judge determine whether you’re guilty or not guilty. The other thing is it becomes very awkward for an individual to assert their rights because when a judge says, “well, what happened?” you often don’t want to say, “well, I’m going to exercise my right to remain silent.” People think that they should speak. At a Bench Trial, the government has the burden of proving you guilty, and so, a Bench Trial is usually a very bad idea in order to pursue your case.
Additionally, in our firm, in most/all cases, we’ll request a Jury Trial – in South Carolina you have the right to a Jury Trial even on the most minor offenses – and when you request a Jury Trial, you stop the prosecution. The prosecutor, the police, the judge, no one can do anything bad to you unless they impanel a jury, and that gives you the leverage and the time to assert the proper defenses.
Complete Legal Defense Team
www.completelegaldefenseteam.com
843-279-2227
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Latest posts by webteam support (see all)
- I Got Arrested on Vacation and I Can’t Afford to Go Back for Court - November 15, 2021