If you’re facing criminal charges in a Maryland District Court, you may have heard the term “jury trial prayer.” But what does it mean—and should you use it? Here’s what you need to know.
What Is a Jury Trial Prayer?
A jury trial prayer is a formal legal request to have your case moved from District Court to Circuit Court so it can be heard by a jury. District Courts in Maryland do not conduct jury trials. If you want a jury to decide your case instead of a judge, this is the process you must follow.
Who Is Eligible to Request a Jury Trial?
Under Maryland law, you’re entitled to a jury trial if you’re facing a charge punishable by more than 90 days of incarceration. If the maximum penalty is 90 days or less, you do not have a right to a jury trial, and the case will stay in District Court unless the State decides to transfer it.
How Do You File a Prayer for Jury Trial?
You or your defense attorney must:
- File the prayer before your trial begins in District Court.
- Submit the request in writing or orally on the record.
- Once filed, the District Court loses jurisdiction, and the case is automatically transferred to Circuit Court.
A new court date will then be scheduled in the Circuit Court of the county where the charge was filed.
Why Would You Want a Jury Trial?
There are several strategic reasons why a Southern Maryland criminal lawyer may advise you to file a jury trial prayer:
- Broader discovery: Circuit Court rules provide more opportunities for the defense to obtain evidence.
- More time to prepare: Transferring the case can create additional time to build your defense or negotiate a favorable plea.
- Jury dynamics: Some defendants may prefer a jury of 12 citizens instead of a single judge deciding their fate.
- Circuit Court resources: More formal courtroom procedures and access to pretrial motions.
Where Does This Apply in Southern Maryland?
We regularly assist clients with jury trial prayers in:
- Prince George’s County
- Charles County
- Calvert County
- St. Mary’s County
These counties each have separate District and Circuit Courts, and navigating the process correctly is crucial to protecting your rights.
Potential Risks of Filing a Jury Trial Prayer
While it can be a smart move in many cases, a jury trial prayer does carry some potential drawbacks:
- Higher court costs
- Longer timelines
- More complex procedures
- Risk of a harsher sentence if convicted
An experienced Southern Maryland criminal defense attorney can weigh the pros and cons based on the facts of your case.
Consult a Criminal Defense Lawyer Before You Decide
A jury trial prayer can be a powerful strategic tool, but it’s not the right choice in every case. If you’ve been charged with a crime in Maryland and are considering filing a jury trial prayer, talk to a defense attorney who knows the local court systems inside and out.
At Southern Maryland Criminal Defense, we represent clients in Charles, Prince George’s, Calvert, and St. Mary’s Counties and regularly guide them through this critical decision.
Charged with a Crime in District Court? Let’s Talk.
If you’re facing criminal charges and want to explore your options, including whether to file a jury trial prayer, contact us today for a free consultation. We’ll help you understand your rights and build a defense strategy that works for you.
