Jury Trial For Misdemeanor In Wake
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FAQ
Trial. If the prosecuting attorney does not offer a plea agreement or the defendant does not accept the plea agreement, then the case will proceed to trial.
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?
Most first-time misdemeanors do not result in jail time. If a first-time misdemeanor offense results in a conviction, it could lead to consequences such as entry into a diversion program, fines, probation, jail time, and/or diminished job prospects.
Requests for excuses and postponements for jury duty must be made by electronically using the requested online form, or by mail or fax. Your request CANNOT be handled by telephone. All requests must be submitted a minimum of seven (7) days prior to your jury service date.
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.
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.
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
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.
How long do federal jury trials last, and how likely am I to be summoned? “Most trials are only three to four days, and a very small percentage of Americans ever get the chance to serve on a jury,” said Anne Brabham, a jury administrator in the Northern District of Texas.