Jury Trial For Custody Case In Pima
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FAQ
When divorce and child custody cases go to trial, they're usually bench trials, i.e., a judge makes the decision. But in some states, a parent can request a jury trial for some of their issues. The judge often holds a bench trial first.
This right is also preserved in Article I, Section 16 of the State Constitution of California. However, there may be times when it's in your best interest to waive your right to a jury trial, whether in favor of a bench trial, where a judge decides your verdict or as part of a plea deal.
There's no Federal constitutional right to a jury trial in family law cases. The jury trial guarantees in the Bill of Rights apply only to civil ``actions at law''; at the time of the Bill of Rights, divorces were ``actions in equity'', and do not fall within the right to jury trial.
Judges do not have control over which charges are brought against a defendant but may have discretion in sentencing, even when a plea bargain is involved. Thus, a judge can accept a plea bargain while simultaneously imposing a different sentence than the sentence to which the defendant and the prosecutor agreed.
Child custody cases where physical and/or emotional abuse to a child OR a parent has occurred are likely to go to trial as well. A finding of physical/emotional abuse has serious ramifications with respect to custody, both legal and physical.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
Judges can't force juries to reach verdicts, but they can apply a little pressure when the jury has deliberated and reported back that it's at an impasse.
The right to a jury trial is guaranteed to the accused, not the government. So unless a law specifically allows only a jury trial the defendant gets the choice; the prosecution does not.
The Family Court has extensive jurisdiction over many domestic matters. It is designed to resolve disagreements arising from divorce and legal separation, including provisions for the care of children.
Are There Certain Situations Where the Court Would Not Grant 50/50 Custody? Although Arizona law prefers a 50/50 parenting plan as the default option, some circumstances can prompt the court to pursue an alternative arrangement. As always, the child's best interest is the overarching concern.