Criminal Bench Trial Lawyers in Wilkes-Barre, PA

What is a bench trial?

A bench trial is a trial by a judge, without a jury.

Does a defendant always have a right to a jury trial?

No. Bench trials are mandatory for certain crimes because the right to a jury trial only applies when a criminal defendant faces a sentence of imprisonment exceeding six months. Summary offenses and first offense DUIs are examples of crimes tried by a bench trial in Pennsylvania.

Does a defendant have a right to a bench trial?

No, but a defendant can waive their right to a jury trial and will be tried by a judge if the Commonwealth does not insist on a jury trial. Defendants do not possess a constitutional right to be tried non-jury.
Commonwealth v. Tharp, 754 A.2d 1251, 1253 (Pa. 2000). The Commonwealth has the same right to a trial by jury as a defendant does in a criminal case. See id.; Pa. Const. Art. 1, § 6.

Why would a defendant prefer a bench trial?

There may be a strategic advantage to a particular judge deciding the facts and law of a case. For example, a defendant may want to waive their right to a jury trial when the issue involves a question of law that may be better decided by a judge than a jury. Of course, making that determination requires familiarity with the judge’s decisions. In general, deciding to waive the right to a jury trial should be scrutinized.

Does Lampman Law have bench trial experience?

Yes, Lampman Law has successfully tried summary offenses and DUI bench trials to verdict.

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Call us today at 570-371-3737. We are here to help and ready to fight.

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