If you are arrested for a DUI in the state of Georgia, there are many aspects of your case to consider. One of the many decisions you will make is whether or not to take your case to trial. Most often, cases are decided before trial through litigation. This is negotiation between the prosecution and the defense to come up with an agreed upon plea offer.
Choosing a Trial
You and your attorney may decide that a trial would be beneficial for your case. Usually in Georgia, you will have to choose between a jury trial or a bench trial. In a bench trial, a judge hears the evidence and then decides if the defendant is guilty or not guilty, and gives out the sentence. In a jury trial, 6 or 12 jurors hear the evidence, arguments and law during the trial. And then they seek a unanimous consensus to find you guilty or not guilty. If a jury finds you guilty, a judge will determine the sentence. If they cannot agree, you may face a second trial in the future.
Bench vs Jury Trial
A judge can often make a more efficient ruling in a bench trial. Jury selection and instructions take time, so a bench trial may resolve your case more quickly. Also, sometimes a judge is more practiced in ruling out irrelevant information, so they may be able to remain more neutral than a jury would. But in some instances, a jury might be beneficial. Some judges are tough on DUI cases and that may actually lead to a tougher sentence. Also, if your case has an emotional component that leans in your favor, a jury may be more willing to side with you over the prosecution than a judge.
Deciding how your case will be decided is one of the many benefits of hiring an experienced defense attorney. They can look at all of the aspects of the case and determine whether or not a trial would be beneficial for you. They will also help you identify the type of trial that would most likely you win your case.
Discuss Your Case with Ashley Schiavone
If you have been arrested with a DUI in the state of Georgia, now is the time to discuss your case with an experienced DUI lawyer. Avoid all the penalties and hardship that come with DUI. Call Ashley Schiavone today.