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Massachusetts Waiver of Jury Trial
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Massachusetts
Control #:
MA-H-SP-017
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PDF
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FAQ
If the defendant waives the right to a preliminary hearing, the court moves on to the arraignment. If there is a contested hearing and the court finds probable cause, the matter is bound over for trial, which means the court moves on to the arraignment.
It might be to your advantage to waive your right to a jury trial if your case will be heard before a judge who is known to be more lenient. An experienced attorney who knows the local courts may be able to determine whether it is in your best interest to have your case heard by a judge.
The right to a jury trial is one that belongs to the defendant, so it is typically the defendant's choice for a judge or jury to decide his or her fate.Both the defendant and his or her attorney consent to waiving the right, The defendant knows what he or she is giving up, and. The waiver is voluntary.
To expressly waive Miranda rights, the suspect would state (or sign something stating) that they waive the right to remain silent or the right to have an attorney present. Implied waiver means that the suspect behaves in a way that indicates a knowing and voluntary waiver of Miranda rights.
A jury trial waiver is issued when a defendant chooses to forego a jury trial and have the judge hear and decide the case solely by himself or herself. This is known as a bench trial.
Today, prosecutors routinely deny jury trials to individuals who request them. Yet, in situations where the government is required by law to allow juries, prosecutors suddenly demand a jury when particular persons request to be tried by a judge.
To waive your right to a jury trial, the court must show that you were informed of the differences between a jury trial and a bench trial, such as:All 12 jurors must unanimously agree in order to render a verdict; and. If you waive the right to a jury trial, a judge alone will decide your guilt or innocence.
A non-jury trial is a trial in which a judge decides both questions of law and fact. It is also known as bench trial. A non-jury trial is held in the absence of a jury, and decided by a judge resulting in a judgment for the plaintiff(s) or defendant(s).Defendants have the option to choose a non-jury trial.
The defendant can waive the right to a speedy trial (called a waiver or "waives time"). This means s/he agrees to have the trial after the 60-day period. Before the trial starts, the lawyers choose a jury. During the trial, witnesses may testify and the lawyers present evidence.