South Carolina Sample Letter for Trial Preparation
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FAQ
Either party to a civil suit in magistrate's court is entitled to a trial by a jury. A party desiring a jury trial in a civil case must make a written request at least five working days prior to the original date set for trial.
Juries Can Be Sympathetic Unlike an impartial judge, the panel of individuals on your jury could be swayed by emotion and personal experience. This may work in your favor. If you have been overcharged for the crime in question or are a sympathetic defendant, some jurors may be more likely to back you.
Lawyer folk wisdom often points to choosing a jury if a case has emotional appeal, and choosing a judge if a case is complex and based on technical legal questions. Of course, you may end up with a jury trial even if you prefer a judge trial because your adversary may have an independent right to request a jury trial.
To waive a right to a jury trial, the defendant must consent in writing. The defendant also must be aware of and understand the implications concerning his agreement to waive the jury trial. In other words, a defendant's waiver of a jury trial must be voluntary, knowing and intelligent.
The decision to have your case tried in front of a jury or in front of a judge is yours and yours alone. Your lawyer can help you make the decision, but ultimately, it's the defendant's choice. Put simply: a defendant has the option of having a judge or a jury hear the case.
