When is a Defendant Not Entitled to a Jury Trial?
A Defendant is not eligible for a Jury Trial under the following circumstances:
- When the State Attorney’s Office is not seeking an adjudicatory sentence.
- The State Attorney’s Office is not seeking a jail sentence.
- Less than 6 months exposure.
When is a Defendant Eligible for a Public Defender?
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:
- The State and Defense must agree to the waiver.
- The Defendant must agree to the waiver in writing.
- 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.