Pros and Cons of Having Your Criminal Case Decided by a Judge or Jury

Our Virginia Criminal Defense Lawyers Compare the Benefits and Drawbacks of Trials by a Judge or Jury 

If you watch courtroom dramas, you may think that all criminal cases are decided in dramatic jury trials. However, having a jury decide your fate isn’t always the best option. Our skilled Manassas criminal defense lawyers at The Wilson Law Firm have decades of experience trying criminal cases. We’ll help you weigh the pros and cons of having your case decided by a judge or jury if taking your case to trial is in your best interests. Here’s what you need to know.

Pros and Cons of Having Your Criminal Case Decided by a Jury

You have a right to a jury trial if you’re charged with a felony in Virginia. If you choose this option, your case would be decided by 12 jurors under Virginia Code § 19.2-262.

While it may seem like a no-brainer that a jury would be the best choice in your criminal case, this isn’t always true. Here are the benefits our criminal defense lawyers see in jury-based trials:

• More people will make a decision. Again, you’ll have 12 jurors assessing the evidence rather than one judge in a bench trial. The jury must reach a unanimous decision or the judge declares a mistrial.
• Jurors take reasonable doubt seriously. Jurors are laypersons dedicated to their civic duty. They tend to view the prosecutor's burden to prove their case beyond a reasonable doubt as a high standard. They may be more likely to find you not guilty if they believe there’s reasonable doubt about the charges against you—even if they think you committed the crime.
• Jurors can be more sympathetic. Because they’re ordinary citizens, they may be more empathetic to your situation and respond better to an emotional appeal if this is part of our defense strategy.

You should also consider the cons of jury trials, which include:

1. They take longer.
2. They’re often more expensive. 
3. For all their benefits, jurors can be less predictable in their decisions.
4. Jurors may not be able to understand complex legal issues that are part of your defense.

Pros and Cons of a Judge Decide Your Virginia Criminal Case

You have the right to waive a jury and have your trial decided by a judge. Here are the benefits of selecting this option:

• Complex issues. If your defense involves complicated, technical legal issues, a judge may be able to understand and apply them better than a jury.
• Less expensive. A bench trial by a judge will most likely be faster and less expensive than a jury trial.

Here are some drawbacks of letting a judge decide your criminal case:

1. Only one person decides on your guilt.
2. The judge decides whether evidence should be admissible and may be unable to disregard damaging evidence—even if it’s inadmissible.
3. The judge reaches a verdict in your case based on the law and evidence and might be less likely to be swayed by our legal team's emotional appeals.
4. The judge may be jaded from hearing criminal cases day in and day out and be more likely to convict you.

At The Wilson Law Firm, it’s important that you feel confident in our ability to present your case in a way that gets the best results possible. Count on our criminal defense lawyers to use our extensive knowledge to create a reliable strategy and strong defenses, and also understand the assigned judge and how they address cases like yours.