A Guide by R&R Criminal Defense Lawyers


In the criminal justice system, a jury trial is a fundamental right that allows defendants to have
their cases heard and decided by a group of their peers. Requesting a jury trial can be a crucial
step in ensuring a fair and impartial hearing. At R&R Criminal Defense Lawyers, we believe in
empowering our clients with knowledge. Here’s a detailed guide on the procedure to request a
jury trial.

What is a Jury Trial?

A jury trial involves a group of citizens, known as jurors, who are selected to examine the
evidence presented and render a verdict of guilty or not guilty for any eligible charge. This
process aims to provide an unbiased decision based on the facts of the case.

When Can You Request a Jury Trial?

The right to a jury trial is guaranteed under the Sixth Amendment of the U.S. Constitution for
criminal cases. However, the availability of a jury trial can vary based on the type of offense and
jurisdiction. Generally, defendants in felony cases and many misdemeanor cases have the right to
request a jury trial.

Steps to Request a Jury Trial

  1. Understand Your Rights
    Before making a request, it’s essential to understand your rights. Consult with your defense
    attorney to determine whether a jury trial is available for your specific case and if it is the best
    course of action. Many times a court may ask if you waive your right to a jury trial; it is
    important to know your options prior to making this decision.
  2. Filing a Request
    The request for a jury trial typically needs to be made in writing. Your defense attorney will
    prepare the necessary documents and file a formal request with the court.
  3. Timing
    Timing is critical. The request for a jury trial must be made within a specific period after the
    arraignment, as dictated by local court rules. Failing to request a jury trial within this timeframe
    can result in the forfeiture of your right to a jury trial.
  4. Pre-Trial Motions and Hearings
    Once a jury trial is requested, there will be a series of pre-trial motions and hearings. These are
    opportunities for your defense attorney to challenge the prosecution’s evidence, argue for the
    dismissal of charges, and address any legal issues that could affect the trial.
  5. Jury Selection (Voir Dire)
    Before the trial begins, a process called voir dire is conducted to select the jury. During voir dire,
    potential jurors are questioned by both the defense and prosecution to determine their suitability.
    The goal is to ensure an impartial jury is selected.
  6. Trial Preparation
    In the lead-up to the trial, your defense team will gather evidence, interview witnesses, and
    develop a strong defense strategy. This preparation is crucial to presenting a compelling case to
    the jury.
  7. The Trial
    During the trial, both the prosecution and defense present their cases, including opening
    statements, witness testimonies, cross-examinations, and closing arguments. The jury will then
    deliberate and render a verdict based on the evidence and instructions from the judge.
  8. Post-Trial Procedures
    If the jury returns a verdict of not guilty, you are acquitted of the charges. If found guilty, there
    may be post-trial motions, such as requesting a new trial or appealing the verdict.

Why Choose R&R Criminal Defense Lawyers?

Navigating the criminal justice system can be daunting. At R&R Criminal Defense Lawyers, we
are committed to providing expert legal representation and guidance throughout the process. Our
experienced attorneys understand the intricacies of jury trials and are dedicated to ensuring your
rights are protected every step of the way.
Contact Us
If you or a loved one is facing criminal charges and considering a jury trial, contact R&R
Criminal Defense Lawyers for a consultation. We are here to help you understand your options
and provide the robust defense you deserve.

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About the Author: Ryan W. Cummings

Ryan attended the University of Evansville in Indiana where he earned his Bachelor of Science in Finance and Marketing and was a member of Lambda Chi Alpha. He then received his Juris Doctorate from the Phoenix School of Law where he accelerated his education to graduate early. While at the Phoenix School of Law, Ryan was active within the legal community and was the school’s Student Pro- Bono Coordinator. Ryan also joined the Steering Committee on Arizona Wills for Heroes, a group that writes wills for Police, Fire, EMT, First Responders, Prison and Probation Officers. Ryan is still part of the Steering Committee and actively participates in Wills for Heroes.