North Carolina Sample Letter for Trial Setting for Non-Jury Trial

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US-0104LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

jury trial is a criminal trial in which the judge acts as the jury. In a typical jury trial, the judge is there to make ruling on legal issues such as the admissibility of certain evidence and whether certain motions should be granted or denied.

(a) Right to Jury Trial. ? In all criminal cases the defendant has the right to be tried by a jury of 12 whose verdict must be unanimous. In the district court the judge is the finder of fact in criminal cases, but the defendant has the right to appeal for trial de novo in superior court as provided in G.S. 15A-1431.

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

(a) Right to Jury Trial. ? In all criminal cases the defendant has the right to be tried by a jury of 12 whose verdict must be unanimous. In the district court the judge is the finder of fact in criminal cases, but the defendant has the right to appeal for trial de novo in superior court as provided in G.S. 15A-1431.

Under the Sixth Amendment and Article III, Section 2 of the Constitution, you have the right to a jury trial if a serious crime is charged. The right to a jury trial doesn't apply in all situations, and in some cases, it is not wise to exercise the right.

For instance, in a federal district court, defendants can ask to waive the jury, but the court and prosecutor must agree. Additionally, the waiver must be in writing and done knowingly and voluntarily. Generally, the right is not waivable when a defendant faces the possibility of the death penalty.

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North Carolina Sample Letter for Trial Setting for Non-Jury Trial