In some cases, choosing a waiver trial over a jury trial in a Pennsylvania criminal case can be advantageous to the defendant and their attorney. In this post-pandemic era, it may also benefit the judicial system and the community. As a result of the pandemic, Pennsylvania criminal court systems shut down for months in 2020—an event that added to an already lengthy backlog of cases to be tried. Proponents of waiver trials point out the efficiency and added safety considerations compared to jury trials. Large groups of people are requested for a potential juror pool, which increases the risk of the community’s exposure to COVID-19.
Even if a defendant chooses to waive their right to a jury trial, the district attorney has the authority to object and insist on a jury trial, highlighting the complexities of the legal process and the significant role of the prosecutorial authority in such decisions.
If you’re facing criminal charges in Pennsylvania, it is essential to understand what a waiver trial is and the benefits of this choice. This allows you to decide how to move ahead in your case and whether it’s in your best interests to waive your right to a jury in support of a waiver trial.
Understanding Waiver Trials
A waiver trial, also known as a bench trial, is a type of trial where the judge, rather than a jury, decides the outcome of the case. In a waiver trial, the defendant waives their right to a jury trial and agrees to have the judge make the final decision. This type of trial is often faster and more efficient than a jury trial, as it eliminates the need to select and instruct a jury.
In a waiver trial, the judge will hear the evidence presented by both the prosecution and the defense, and then make a decision based on the law and the facts of the case. The judge’s decision is typically final, although the defendant may have the right to appeal the decision.
Waiver trials are often used in cases where the defendant is facing a misdemeanor charge, or in cases where the defendant is seeking a more expedited resolution to their case. However, waiver trials can also be used in more serious cases, such as felonies, if the defendant and their attorney believe that it is in their best interest.
What’s the Difference Between Jury vs. Waiver Trials in Pennsylvania?
While most people understand what a trial by jury involves, there is often confusion surrounding waiver trials––also called bench trials––in Pennsylvania. Both jury and waiver trials have distinct benefits that depend on the circumstances of the criminal case. However, both types provide a defendant with the same constitutional rights. In a jury trial, the jury serves as the fact finder, while in a waiver trial, the judge takes on this role.
In a Pennsylvania jury trial, 12 people consider both parties’ evidence and arguments before finding the defendant guilty or not guilty of their charges. While the jury determines the verdict, the judge makes rulings on evidentiary and procedural matters, including:
- What evidence or documents the jury can consider in making their decision
- Who can bear witness to the evidence provided in the case
- What those witnesses can give testimony about, contingent upon the Pennsylvania Rules of Evidence
The type of trial chosen can significantly impact the likelihood of receiving a guilty verdict.
In a Pennsylvania waiver trial, the judge makes these rulings on evidentiary and procedural matters and determines whether the defendant is guilty or not guilty. Further, the judge must make this verdict within seven days of the completion of the trial. Jury instructions are not needed in waiver trials, which can streamline the process.
What Are the Benefits and Considerations of a Waiver Trial in Pennsylvania?
There are several benefits to a waiver trial in Pennsylvania. One of the main benefits is that it can be a faster and more efficient way to resolve a case. Waiver trials typically take less time than jury trials, as there is no need to select and instruct a jury. This can be beneficial for defendants who are facing a lengthy jail sentence or who need to resolve their case quickly.
Another benefit of a waiver trial is that it can be less expensive than a jury trial. Jury trials often require more time and resources, which can increase the cost of the trial. Waiver trials, on the other hand, typically require less time and resources, which can make them a more cost-effective option.
However, there are also some considerations to keep in mind when deciding whether to opt for a waiver trial. One of the main considerations is that the defendant is giving up their right to a jury trial. This means that the defendant will not have the opportunity to have their case heard by a jury of their peers, which can be a disadvantage in some cases.
Another consideration is that the judge’s decision is typically final, although the defendant may have the right to appeal. This means that the defendant will not have the opportunity to have their case reheard by a different judge or jury.
Preparing for a Waiver Trial
If a defendant decides to opt for a waiver trial, it is important that they and their attorney are properly prepared. This includes gathering all relevant evidence and witnesses and preparing a strong defense strategy.
The defendant’s attorney should also be familiar with the Pennsylvania rules of evidence and procedure, as well as the relevant case law. This will help ensure that the defendant’s rights are protected and that they receive a fair trial.
In addition, the defendant’s attorney should be prepared to present their case to the judge and argue on behalf of their client. This includes presenting evidence, calling witnesses, and making legal arguments.
Overall, a waiver trial can be a beneficial option for defendants in Pennsylvania, but it is important that they and their attorney are properly prepared. By understanding the benefits and considerations of a waiver trial, and by being prepared for the trial, defendants can ensure that they receive a fair and just outcome.
What Are the Benefits of a Waiver Trial in Pennsylvania?
If you’re facing criminal charges in Pennsylvania, speak with your criminal defense attorney about whether a waiver trial, also known as a non-jury trial, is the best decision for you. Some reasons your attorney may advise that a waiver trial is a better option may include:
- Your case has complicated legal matters: If the issue under consideration involves a significant comprehension of the law, a waiver trial ruled by a judge may be desirable.
- Your case involves an intricate rule: If an argument amounts to implementing a complicated criminal law, a jury of lay people may not understand it and ignore it completely.
- The jury may have biased opinions: Depending on your case’s details, jury members may be more prone to biased views and struggle more to keep a neutral view than a judge.
- Waiver trials may provide a quicker resolution: Without the need for jury selection and time-consuming jury deliberations, waiver trials can begin and conclude sooner, whatever the outcome may be.
Remember, each case needs to be assessed to establish whether waiving a jury trial lies in your favor. The best way to learn whether you should select a waiver trial over a jury trial is to consult with an experienced Pennsylvania criminal defense lawyer who can review the unique details of your case.
Speak to an Experienced Criminal Defense Lawyer in Montgomery County, PA, Today
If you’re facing criminal charges in Pennsylvania, get in touch with a well-versed criminal defense attorney as soon as possible. You can weigh factors when choosing a jury trial or waiver trial, but retaining a criminal defense lawyer with substantial experience litigating cases through both types of trials can offer insight.
At Rubin, Glickman, Steinberg & Gifford P.C., we know what it takes to achieve favorable results for our clients who face criminal charges in Montgomery County and across Southeast Pennsylvania. With over 65 years of experience, our criminal defense lawyers know what it takes to build a powerful defense to achieve the most favorable results on your behalf. To speak with an experienced criminal defense lawyer over a free case review, complete our or call 215-822-7575 today.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
November 6, 2024
