Depending on your charges, a Jury Trial Prayer Maryland might be good for you.
But it might not be, also.
Every case is different; unless you hire us, we are not your lawyer.
That said, here is some information on the Jury Trial Prayer process and different factors we consider when advising our clients on whether asking for a jury trial is a smart move.
Table of Contents
What is a Maryland JTP?
The Maryland criminal code guarantees a right to a jury trial for any criminal with a maximum penalty of more than ninety (90) days. MD. Criminal Procedure Code § 6-101 (2023).
The basis for your right to a jury trial in Maryland criminal cases stems from your constitutional rights both under Maryland and federal law. The more serious the offense, the more important it is for you to have the right to have your case tried by a jury instead of a judge.
There are certain specific procedures on how your lawyer informs the court of your demand for a jury trial and those procedures must be followed under Md. Crim. Causes. 4-301.
There are two main courts in Maryland: district and circuit. Typically, fewer crimes start in the district and stay in the district. The more serious crimes are often, not always, indicted in the circuit and eventually moved to that court.
There are no jury trials in district court. If you use JTP (Jury Trial Prayer), your case will automatically be moved to the circuit court for a jury trial.
Pros and Cons of JTP vs. Bench Trial.
Here is a layout of the pros and cons of electing a JTP (Jury Trial) vs. a Bench Trial (judge trial) in district court.
Jury Trial Prayer Pros
- 12 Citizens Instead of 1 Judge. Most experienced lawyers will tell you they would instead force 12 regular people to agree you are guilty beyond a reasonable doubt over one appointed judge. This always comes with exceptions. If you have an extremely knowledgeable district judge and a robust legal motion, sticking with the judge’s trial and winning your motion may be advantageous.
- Negotiation Advantage. Sometimes, your defense team may have a negotiation advantage by praying a case to circuit court. Jury trials tax the resources of prosecutors’ offices. Sometimes, they will not be willing to spend the time it takes to try a case to a jury.
- Preservation of Appeal Rights. The Seddiq Law firm handles both trials and appeals in Maryland. Jury trials are the best way to preserve your legal issues for appeal. It is essential to consult with your trial lawyer to figure out if this is an important factor in your decision.
- Avoiding Certain Judges. Maryland has many high-quality district court judges around the state. However, there are exceptions. Unfortunately, one factor in electing a jury trial is what district judge you have been given for your bench trial. Some judges are more openminded about the facts than others. But also, if you are found guilty, some judges are far more punitive than others. These factors must be evaluated.
Jury Trial Prayer Cons
- Cost. Jury trials are longer and require more preparation time. Most experienced lawyers charge a higher fee for a jury trial than a bench trial. Lawyers are allowed to charge more for cases that take more time. This can be a significant factor for clients when deciding on a bench or jury trial.
- Delay. Make no mistake, even a bench trial in district court can take far too long(several months). However, depending on the jurisdiction and current circuit court caseload, praying a jury trial can add several months to the length of your case. There are exceptions. Depending on the case, some jury trials are tried the same day your case is prayed in district court.
- Waste a bench trial. In Maryland, you can elect a bench trial first in district court and then, if you lose, appeal and ask for a jury trial in circuit court. This allows two bites at the apple but comes at other costs. Depending on the facts of the case, your judge may not grant a bond you can post for your jury appeal, and you could wait for your jury trial in the local jail. Before you try this “double dip” option, you must talk to your experienced Maryland lawyer.
Free Consultation for your Jury Trial Prayer Maryland
Mirriam Z. Seddiq and Justin Eisele have decades of experience in misdemeanor and felony trials.
We offer free consultations for every Maryland criminal case.
Click the below image, complete the form, and one of our lawyers will contact you in under one hour.
