Jury Trial For Misdemeanor In Cook
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FAQ
If no plea bargain can be reached and pleading in the open is not a viable option, the only remaining path to take is to proceed to trial, either with a jury or just to the judge (a bench trial). For more information about misdemeanor case issues, please click on the following articles: What Is an Arraignment?
If the felony is reduced to a misdemeanor, this also restores one right to serve on a jury. Under California law, a convicted felon is disqualified from serving on a jury until and unless his or her civil rights have been restored.
You have a medical condition or disability A diagnosis of your mental or physical condition. A prognosis of how long the condition is expected to exist. A conclusion stating that you are incapable of serving as a juror currently or in the future.
Disqualifications and exemptions from jury service. A prospective juror is disqualified to serve on a jury if that prospective juror is not a citizen of the United States, 18 years of age and a resident of the county, or is unable to read, speak and understand the English language.
Some valid reasons include: You have a medical condition and jury service presents a hazard to your health. You are an active member of the military. You currently have a lawsuit filed in Cook County. You currently reside in a nursing home or institution. You will suffer extreme financial hardship.
By law, the courts will excuse from jury duty anyone with a mental or physical condition that would keep them from serving as a juror. There is not an exemption based on age, but you may request to be excused if you have a hardship that would make it difficult to serve.
In practice, however, the Supreme Court has held that the right to a jury trial does not extend to "petty offenses." Petty offenses are crimes punishable by imprisonment of six months or less. This distinction aims to balance judicial efficiency with individual rights.
Misdemeanor trials usually last anywhere from a few days to a week, while felony trials can take weeks or even months, depending on the complexity of the case. Verdict and Sentencing: If you are found guilty, the judge will schedule a sentencing hearing.
The Reader's Digest Version: The general sequence of a misdemeanor case is arraignment, pre-trial hearings and trial. Counsel for defendant also will attempt to negotiate a plea bargain as appropriate and will file motion(s) that are legally supported and helpful toward resolution and narrowing the issues.
If you are found guilty after either a court trial or a jury trial, the judge decides the penalty (the sentence). A court trial usually takes less than an hour, a jury trial usually takes a full day. The court schedules your trial for another day.