This form is a Complaint. This action is to recover damages for a violation of the First Amendment of the United States Constitution. The plaintiff is seeking punitive damages and reasonable attorney's fees.
This form is a Complaint. This action is to recover damages for a violation of the First Amendment of the United States Constitution. The plaintiff is seeking punitive damages and reasonable attorney's fees.
There are various reasons why a defendant might consider waiving their right to a jury trial. For instance, they might aim to resolve the case swiftly or keep it out of the local news. Alternatively, they might have a lengthy criminal record and wish to minimize public exposure.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
Factors Influencing the Use of Juries in Criminal Trials Defense attorneys might advise their clients to opt for a bench trial if they believe the legal complexities of the case would be better understood by a judge or if they seek to avoid the unpredictability that can accompany a jury's decision-making process.
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.
On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand-which may be included in a pleading-at any time after the commencement of the action and not later than the time of the entry of the order first setting the case for trial; (2) filing the ...
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?
For cause are legal motions where the attorney believes that the juror is actually prejudicedMoreFor cause are legal motions where the attorney believes that the juror is actually prejudiced against the client. Or has expressed a bias that would prevent them from being fair.
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.
Disqualifications and exemptions from jury service. A prospective juror is disqualified to serve on a jury if that prospective juror is not a citizen of the United States, 18 years of age and a resident of the county, or is unable to read, speak and understand the English language.