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Alabama Waiver of Jury

Alabama Waiver of Jury

Name: Alabama Waiver of Jury
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.58 (270 reviews)

Category:

Alabama Civil Procedure - Juries

State:

Alabama

Control #:

AL-SAM-34

Format:

Instant download

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Public form

Description

Waiver of Jury, is an official form (sample) from the Alabama Administrative Office of Courts, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Alabama statutes and law.

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FAQ

A jury trial waiver is issued when a defendant chooses to forego a jury trial and have the judge hear and decide the case solely by himself or herself. This is known as a bench trial.

A jury trial waiver is issued when a defendant chooses to forego a jury trial and have the judge hear and decide the case solely by himself or herself.

Examples of when a defendant may want to waive the right to a jury trial include when: the defendant is charged with a violent/heinous crime: Jurors in these cases may have a hard time showing sympathy towards the accused and a judge is better positioned to impartially hear evidence.

In most civil litigation, either party may demand a jury trial, and this demand cannot be vetoed by the other party.

When cases are tried before a jury, the judge still has a major role in determining which evidence may be considered by the jury. The jury is the fact-finder, but it is left to "find" facts only from the evidence which is legally admissible.

According to the Supreme Court, the jury-trial right applies only when serious offenses are at handpetty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment. (Baldwin v. New York, 399 U.S. 66 (1970).)

Preliminary hearings are heard by the District Court Judge in the Alabama County in which you were arrested.On occasion, usually in more serious cases with an incarcerated defendant, the State will call additional fact witnesses to establish the identity of the defendant or to ensure the Court finds probable cause.

It might be to your advantage to waive your right to a jury trial if your case will be heard before a judge who is known to be more lenient. An experienced attorney who knows the local courts may be able to determine whether it is in your best interest to have your case heard by a judge.

A bench trial is also faster and the judge often returns a finding (the functional equivalent of a verdict) much quicker than in a jury trial.Both the defendant and the People have the right to a jury trial in misdemeanor and felony trials (California Constitution, Article I, § 16 and Penal Code A§ 699).

Alabama Waiver of Jury

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FAQ

What is a waiver trial?

What does it mean to waive a trial?

Why are jury trials waived?

Can a plaintiff demand a jury trial?

Who decides if it is a jury trial?

What is the only exception to a person's right to a jury trial?

What happens at a preliminary hearing in Alabama?

Why would a jury trial be waived?

Is it better to have a trial by judge or jury?

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