Judge or Jury? What Will You Decide?

In criminal cases in Minnesota, defendants have the right to choose between having their case decided by a jury or a judge. Understanding the pros and cons of jury trials vs bench trials may be important to the outcome of the case.

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Trial Procedures

Many Minneapolis criminal lawyers will recommend a jury trial vs a bench trial unless circumstances warrant simpler proceedings. This often provides a better outcome for the accused since the jury’s decision must be unanimous for a defendant to be found guilty and sentencing to follow in Minnesota.

Jury Trials

In a jury trial, a panel of jurors acts as fact finders that evaluate the evidence and render a verdict based on presented facts. In misdemeanor and gross misdemeanor cases in Minnesota, the panel includes six jurors. In felony cases, twelve jurors are used. Since all jurors must agree that the defendant is guilty for a conviction to occur, the larger number of people is often attractive to defendants who are deciding between a jury and a judge. Although jurors hear evidence presented by a criminal defense attorney and a prosecutor, they are sometimes persuaded by convincing deliveries. Compared to jurors, judges are rarely influenced by emotions in a case. They usually decide a case based strictly on evidence, laws, and legal nuances. Important factors to consider in a jury trial include:

  • Jury trials typically last longer and incur higher legal costs
  • Jury trials often have more experienced criminal defense attorneys and prosecutors
  • Jurors are often more sympathetic to a defendant than judges
  • Jury trials may be a better choice when a guilty verdict has serious consequences such as steep fines and jail time

Bench Trials

In a bench trial, there is no jury. The trial takes place only in front of a judge who acts as the fact finder, listens to the evidence, then renders a guilty or not guilty verdict. The judge decides the credibility of the evidence presented at trial and also decides what happens at the trial according to laws and rules of procedure. Although bench trials take less time, are less formal, and are less costly, they are not generally used in felony cases. In these cases, the evidence is much more complicated and guilty verdicts often carry steep penalties including jail time.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
Expungement and sealing of records in Minnesota affect how your criminal history appears to government agencies and the public. The main difference between the two legal actions is that expungement permanently removes past arrests, criminal charges, or convictions from private and public databases, while sealing hides the criminal record from the public. Courts, government entities, and law enforcement agencies can access sealed criminal records.
Minnesota recently passed a public safety bill that brings sweeping changes to the state’s juvenile justice system. While minors sometimes run afoul of the law, the juvenile justice system seeks to account for the differences between children and adults. Therefore, while the penalties for adults convicted of crimes focus on punishment, those for juveniles are aimed at diversion and restorative practices.