Dak DUI going to trial. ........
- Thread starter the80'sareablurrdawg
- Start date
Yes
A defendant can request a trial by jury on a misdemeanor, but in my experience, it will be denied. It's discretionary with the judge. If it's a high profile case, the judge might allow a jury trial just so the decision isn't entirely on him or her. (There was a Clarksdale police officer arrested in DeSoto County a couple of years ago, and he got a jury trial on misdemeanors).
When the Supreme Court addressed the issue, it held that a possible penalty of only up to 6 months in jail is not enough to trigger the right to trial by jury under the constitution.
A defendant can request a trial by jury on a misdemeanor, but in my experience, it will be denied. It's discretionary with the judge. If it's a high profile case, the judge might allow a jury trial just so the decision isn't entirely on him or her. (There was a Clarksdale police officer arrested in DeSoto County a couple of years ago, and he got a jury trial on misdemeanors).
When the Supreme Court addressed the issue, it held that a possible penalty of only up to 6 months in jail is not enough to trigger the right to trial by jury under the constitution.
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That's interesting. I thought we all had a Constitutional right to a "trial by our peers", regardless of the offense.
No sir. Dawg Jurist is right. If the maximum period of incarceration you're facing is 6 months or less, a bench trial will suffice. However, a judge MAY give you a jury trial. But he doesn't have to.
I'm not doubting he's right ... I was just under the impression that's the way it is.
Sure, you can appeal. If the first trial is held in Justice Court (not a court of record), and you're convicted, you can appeal and get a trial de novo in either circuit court or county court, depending on where you live. But even then, you're looking at a bench trial unless the judge says otherwise.
I requested one and got it in Noxubee County, but that was 25 years ago. The prosecutor said he'd been there for 20 years and nobody had ever done it. I was found not guilty, unanimously.
Do you mean what did I do to get the jury trial? My attorney requested it and it was granted. To be clear, it was on the appeal.
We SHOULD have that right.
But logistically, it would be very tough. There are dozens of DUIs and other misdemeanors scheduled in the municipal and justice courts on any given day. To say that the risk of 6 months in jail is not "serious enough" for a jury trial is pretty crazy, but realistically, jail time on misdemeanors is usually not on the table at all, much less 6 months of it. On a DUI first, the risk of incarceration is only 48 hrs.
But logistically, it would be very tough. There are dozens of DUIs and other misdemeanors scheduled in the municipal and justice courts on any given day. To say that the risk of 6 months in jail is not "serious enough" for a jury trial is pretty crazy, but realistically, jail time on misdemeanors is usually not on the table at all, much less 6 months of it. On a DUI first, the risk of incarceration is only 48 hrs.
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