If you are facing criminal charges in Maryland, one of the most important strategic decisions you and your attorney will make is whether to have a jury trial or a bench trial. Each option has distinct advantages and disadvantages, and the right choice depends on the specific facts of your case, the charges, the judge, and the jurisdiction.
At SoMD Criminal Defense, we have tried cases before both judges and juries in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Here is what you need to know about choosing between a jury trial and a bench trial in Maryland.
What Is the Difference Between a Jury Trial and a Bench Trial?
In a jury trial, a panel of 12 citizens hears the evidence and decides whether you are guilty or not guilty. The jury must reach a unanimous verdict. In a bench trial, the judge alone hears the evidence and makes the determination of guilt or innocence.
In Maryland, you have a constitutional right to a jury trial for any offense that carries a potential sentence of more than 90 days in jail. For lesser offenses, bench trials are the standard. In Circuit Court, all trials are jury trials unless you specifically waive your right to a jury. In District Court, all trials are bench trials, but you can “pray a jury trial” to transfer your case to Circuit Court.
When a Bench Trial May Be the Better Choice
A bench trial may be advantageous when your defense relies on complex legal arguments that a judge may understand better than a jury, when the facts of the case are sympathetic to the defendant but might be difficult for a jury to set aside emotional reactions, when the case involves technical evidence that requires careful analysis, or when you are confident that the assigned judge is fair and will follow the law.
Bench trials are also faster and less expensive than jury trials, and they eliminate the risk of jury selection issues. In our experience in Southern Maryland courts, we have found that bench trials can be particularly effective in cases involving DUI charges where the defense centers on technical challenges to breath test results or field sobriety tests.
When a Jury Trial May Be the Better Choice
A jury trial may be preferable when the case turns on credibility and you believe a group of community members will be more sympathetic than a single judge, when the charges are severe and you want the protection of requiring all 12 jurors to agree, when self-defense or justification arguments may resonate with ordinary citizens, or when you have concerns about the particular judge assigned to your case.
The unanimous verdict requirement is a powerful protection. In a jury trial, the State must convince every single juror of your guilt beyond a reasonable doubt. Even one holdout juror results in a hung jury and a mistrial.
Choosing between a jury trial and bench trial is one of the most consequential decisions in your criminal case. Contact SoMD Criminal Defense at (301) 818-0389 for a free consultation. We will evaluate your case and recommend the trial strategy that gives you the best chance of success.
The Jury Trial Prayer in Maryland
If your case is in District Court and you want a jury trial, you must file a “jury trial prayer” within 30 days of your trial date. This transfers your case to Circuit Court, where a jury trial will be held. It is important to understand that once you pray a jury trial, the case moves to Circuit Court with its different procedures and potentially longer timeline.
The decision to pray a jury trial should be made with the guidance of an experienced attorney who understands the differences between the courts and the judges in your jurisdiction. As former prosecutors who have tried cases in both District and Circuit Courts across Southern Maryland, we can help you make the right call.
Talk to a Criminal Defense Attorney in Southern Maryland
The attorneys at SoMD Criminal Defense have tried cases before judges and juries throughout Southern Maryland. Call us today at (301) 818-0389 or contact us online to schedule your free consultation.
This is general information and not legal advice. Contact an attorney for advice specific to your case.
FAQ: Jury Trial vs Bench Trial in Maryland
Do I have a right to a jury trial for a misdemeanor in Maryland?
You have a right to a jury trial in Maryland for any offense that carries a potential sentence of more than 90 days in jail, which includes most misdemeanors. To exercise this right for a District Court case, you must file a jury trial prayer to transfer the case to Circuit Court.
How many jurors are needed for a criminal trial in Maryland?
Criminal jury trials in Maryland require 12 jurors, and the verdict must be unanimous. All 12 jurors must agree on guilt or innocence. If even one juror disagrees, the result is a hung jury and the case may be retried.
Can I change my mind after requesting a jury trial?
Once you pray a jury trial and your case is transferred to Circuit Court, withdrawing the request requires the court’s permission and the State’s consent. It is an important decision that should be made carefully with your attorney’s guidance.
Making the Right Choice for Your Case
The decision between a jury trial and a bench trial should never be made without careful analysis of the specific facts of your case. Your defense attorney should evaluate the strength of the prosecution’s evidence, the nature of the charges, the likely emotional impact of the evidence on lay jurors versus an experienced judge, and the tendencies of the available judges. In our years of practice in the courtrooms of La Plata, Prince Frederick, Leonardtown, and Upper Marlboro, we have developed deep knowledge of the judges and their tendencies, which directly informs our recommendation to clients.
It is also worth noting that you must request a jury trial in Maryland — if you do not, the case will be tried before a judge (bench trial) by default in District Court. In Circuit Court, either side can request a jury trial or both may agree to a bench trial. Your attorney should discuss this decision with you well before the trial date so that you can make an informed choice with full knowledge of the strategic implications.
Frequently Asked Questions
Can I change my mind after choosing a bench trial or jury trial?
Switching from a bench trial to a jury trial or vice versa after the initial election may require the court’s approval and the consent of the opposing party. In Maryland, the right to a jury trial is fundamental, and courts generally allow a defendant to exercise that right. However, last-minute changes can be disfavored, so it is best to make this decision as early as possible with your attorney’s guidance.
Is a bench trial faster than a jury trial?
Generally, yes. A bench trial eliminates the time-consuming jury selection process (voir dire) and is often more streamlined since the judge does not need lengthy opening and closing arguments or simplified explanations of legal concepts. A bench trial for a case that would take three to five days with a jury might be completed in one to two days before a judge.
Which is better for DUI cases — jury or bench trial?
There is no universal answer, but many DUI defense attorneys in Maryland prefer bench trials for DUI cases because the technical aspects of breath testing, field sobriety test administration, and the legal standards for impairment are better understood by judges than by lay jurors. However, if the facts of your case are sympathetic or if the officer’s conduct was particularly questionable, a jury may be more receptive to your defense.
