A courtroom with wooden paneling, a judge’s bench for bench trials, American and state flags, computer monitors, and large windows letting in natural light.

How Do Jury and Bench Trials Differ in Texas?

As a criminal defendant, it can be easy to feel as though you have no say in what happens to you during the criminal justice process. However, it’s critical to understand that in some instances, you do have a say in how your case proceeds. For example, you can choose to be represented by a public defender or Houston criminal defense lawyers. Additionally, you can choose whether you wish to accept a plea deal or proceed to trial. If you decide to go to trial, you can even choose between bench and jury trials. If you’re unsure what the differences between these options are, you’ll want to keep reading, as the following blog explores what you should know about these complicated matters.

What Are the Differences Between Jury and Bench Trials?

When your case goes to trial, it’s imperative to understand that there are typically two different options. The first is what you likely picture when you think of criminal cases, which is a trial by jury. With this option, your case will be presented to a panel of 12 of your peers, who will then convene to discuss the case and determine whether or not you are innocent based on the information presented in your trial. The judge appointed to the case is responsible for overseeing the jury and ensuring all proceedings adhere to the laws of the court.

However, you have the right to waive a trial by jury and instead present your case directly to the judge during a bench trial. Though the presentation of evidence and arguments by both parties will remain the same, the major difference is that instead of 12 jurors determining the outcome of the case, this responsibility falls to the sole judge.

How Do I Know Which to Choose?

First and foremost, before you make any decisions regarding your case, like whether or not to accept a plea deal or what kind of trial you should select, you should consult an experienced criminal defense attorney to explore your options. These matters can directly impact the outcome of your case, so ensuring you have representation is critical.

There are advantages and disadvantages to both options. For example, a trial by jury may be ideal if your case focuses more on establishing credibility, as it can target the emotions of the jury, whereas a judge may not be swayed by emotions. However, if your case is more based on facts of law, a bench trial may be ideal. The jury may not understand the nuances and precedents used to defend your case, and a judge can be more objective when issuing a decision.

At the Gonzalez Law Group, we understand how overwhelming it can be to make these decisions on your own. That is why our team is here to assist you. We can examine the circumstances of your case to determine the best course of action. Contact us today to learn how we can help fight for you.