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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.
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?
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.
This Note explores the dual jury system in which each defendant in a joint trial has his or her own jury to decide guilt or innocence.
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.
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.
How many times can a defendant be retried? For those facing hung jury retrials, it's as many times as the government pleases. Double jeopardy prohibitions do not apply when juries fail to reach a verdict. There is, theoretically, a built-in procedural solution to stop the government from endlessly retrying defendants.
Juror Personal History Section of Questionnaire Have you, a family member, or close friend ever been in a serious traffic accident? ... Have you ever been a victim, witness, plaintiff or defendant in a criminal or civil suit? ... Have you ever been convicted of a misdemeanor other than traffic violations?