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Once the jury trial right is waived, barring massive legal maneuvering, you will not be able to get your jury trial right back. Generally, the defendant will waive that right, and the prosecutor will file a trial information, which is a formal statement of the charges.Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms (a) Right to Jury Trial. In all criminal prosecutions except for small offenses, the defendant is entitled to a jury trial unless waived. If the plea is "guilty," the court will ensure that the defendant understands the rights the defendant will be waiving. 23A-3-2 Law enforcement officer's power to arrest without warrant. You are not entitled to a jury trial if you are charged only with an infraction or if there is no possibility of a jail sentence. Any person charged with a criminal offense or any party to a civil case has a right to a jury trial. More broadly, the court itself.