Jury Trial For Dui In Fairfax
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FAQ
Seven persons from a panel of not less than 13 shall constitute a jury in a misdemeanor case. C. The parties or their counsel, beginning with the attorney for the Commonwealth, shall alternately strike off one name from the panel until the number remaining shall be reduced to the number required for a jury.
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.
Twelve persons from a panel of not less than 20 shall constitute a jury in a felony case. Seven persons from a panel of not less than 13 shall constitute a jury in a misdemeanor case.
Misdemeanors, while still serious, often carry less severe punishments and, as a result, may not always necessitate a jury trial. In some jurisdictions, misdemeanors may only grant a jury trial if the potential sentence exceeds a certain threshold.
Yes, you need to show up, you are not automatically disqualified unless you have a non-expunged felony on your record. You will need to disclose your DUI conviction and the lawyers and the judge will decide if you stay or go.
Bench trials are better for cases involving highly technical issues or an unlikeable party/parties. Jury trials are for situations where you think you have a worse than 50% chance at winning and neither of the above situations apply.
To win a jury trial, the defense must raise reasonable doubt about the validity and/or accuracy of the test results, as well as mitigating or rebutting the observations and testimony of law enforcement officers involved in your case that lead to their conclusion your ability to drive was impaired.
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?
During voir dire, either attorney may ask that a prospective juror be dismissed if he or she reveals information that might indicate a bias. For example, if someone were a relative of the plaintiff or defendant.
Reasons for Being Excused from Jury Service Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict. Other reason deemed sufficient by the court.