In Kansas, on misdemeanors court cases you do not automatically have a right to have a jury trial on those issues. You have to request a jury trial. If you request a jury trial then you’re entitled to a six person jury panel to have that trial. If you don’t request a jury trial, then you’re deemed to have waived your right to a jury trial and then you have a trial to the court.
This is where the judge sits on the bench, so it is also called a bench trial. The judge would then make the decision as to whether you’re guilty or innocent based on the evidence instead of a jury. A lot of the times, it is a lot better to have a jury decide, especially in a case where it appears as if the evidence is more against the defendant. This is because a judge is more likely to say, “Well, I think there is probable cause, or proof beyond a reasonable doubt, that you are guilty of this crime. Also, you’ve got one person deciding this, rather than six people.
Call our Southwest Kansas misdemeanor defense attorneys to discuss your case and weigh out your options.
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