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Jury Trial For Misdemeanor In Maryland
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At a defendant's arraignment, if they enter a "not guilty" plea, there will be several pretrial trial proceedings designed to resolve the case. If a plea bargain is not reached, then the case will proceed to trial.
There is a right to a trial by a jury in Maryland if your offense is serious enough to warrant it. However, the state gives no right to a jury trial for less serious offenses that carry potential sentences of less than three months in prison.
In civil cases the District Court has exclusive jurisdiction in claims for $5,000 or less, and concurrent jurisdiction with the circuit courts in claims for amounts above $5,000 but less than $30,000.
Cannot read, write, speak or understand the English language, Have a disability that prevents you from serving on a jury (as explained in writing from your health care provider to the court), Note: Your medical documentation need only state that you are unable to service on a jury due to a medical condition.
If no plea bargain can be reached and pleading in the open is not a viable option, the only remaining path to take is to proceed to trial, either with a jury or just to the judge (a bench trial). For more information about misdemeanor case issues, please click on the following articles: What Is an Arraignment?
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than ing to the rules of the common law.
If you are found guilty after either a court trial or a jury trial, the judge decides the penalty (the sentence). A court trial usually takes less than an hour, a jury trial usually takes a full day. The court schedules your trial for another day.
On Tuesday, November 8 of 2022 Maryland voters voted to approve a constitutional amendment to increase the minimum amount in controversy that guarantees a jury trial from $15,000 to $25,000. This change went into effect as of December 4, 2022.
The Sixth Amendment to the U.S. Constitution provides that criminal defendants have a right to a jury trial "in all criminal prosecutions." However, the Supreme Court's interpretation of this constitutional right limits the right to a jury trial only in instances where the criminal charges constitute "serious offenses.
If the felony is reduced to a misdemeanor, this also restores one right to serve on a jury. Under California law, a convicted felon is disqualified from serving on a jury until and unless his or her civil rights have been restored.