Bench Trial vs. Jury Trial

In Atlanta, many are wrongly and unfairly charged with DUI offenses. A guilty plea is the most common way to resolve DUI cases, but no one must plead guilty. In each and every case, you have the right to remain silent and the prosecuting attorney on behalf of Atlanta or Fulton County must prove the case against you beyond a reasonable doubt.

The decision of whether to plead guilty or have a trial should not be considered until after all the evidence and legal precedent is reviewed. Consulting with an attorney early in the process is essential to getting the best possible outcome. If the accused driver decides to have a trial, they may have another choice: a bench trial or a jury trial. In both, the state still needs to prove their case.

In a bench trial, the judge hears the case and makes a determination. In a jury trial, as the name applies, the jury decides guilty or not guilty. In both trials, the judge determines the sentence if the accused is found guilty. A bench trial is usually quicker to get and may be appropriate if there is a strong legal or technical argument that will likely be dispositive. Otherwise, it is usually better to have an unbiased jury of citizens consider the case. Richard Lawson has substantial experience with all aspects of DUI trials. Call him for a free consultation today.