When is a Defendant Not Entitled to a Jury Trial?

A Defendant is not eligible for a Jury Trial under the following circumstances:

  1. When the State Attorney’s Office is not seeking an adjudicatory sentence.
  2.  The State Attorney’s Office is not seeking a jail sentence.
  3. Less than 6 months exposure.

When is a Defendant Eligible for a Public Defender?

People that earn incomes of up to twice the federal poverty standard may qualify for a Public Defender.

Also, people who cannot afford a private attorney without significant detriments to the family.

Are there cases when a pro se litigant would not qualify for a Public Defender?

The Court will not assign a Public Defender if the State Attorney’s Office is not seeking a jail sentence. 

Can a Defendant Request to Waive a Jury Trial?

Yes. While a Defendant can request to waive a jury trial,  the State must agree. 

How Can a Defendant Waive Their Right to a Jury Trial ?

A Defendant can request a jury trial waiver under the following conditions:

  1. The State and Defense must agree to the waiver.
  2. The Defendant must agree to the waiver in writing.
  3. In Court, the Defendant can request a waiver orally. The Judge must find that the Defendant understands they are giving up this right. And, is voluntarily waiving their right to have their case heard by a jury of their peers.

What happens if the State and the Defense Do Not Agree to a Waiver Request?

If both sides do not agree to the waiver request, the trial will go to the jury.