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What's the difference between a bench and jury trial for a domestic violence case?

5/11/2017

 
If charged with domestic violence in Michigan, you have the option of going to trial.  Trial should be the last option if a deal cannot be worked out ahead of time or the prosecutor refuses to dismiss despite you believing you are incident of the offense charged.

Assuming we set the case for trial, a jury trial means 6 members of the community hearing testimony and deciding guilt or not guilty.  A bench trial is the judge hearing the facts of the case and deciding the same question.  Each has their advantages and disadvantages depending upon why we're setting it for trial.  

If the goal is to set the case for trial because we believe the alleged victim will not show up, and the prosecutor will not pursue the material witness warrant, we may opt for a bench trial which is quicker and less strain on the court resources - it will also be cheaper for my client.  If we know the alleged victim will show, and not be helpful for the case, and we believe we did nothing wrong, we may want 6 members of the community hearing the facts and finding reasonable doubt.  
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  • The New Rules of Domestic Violence
  • Divorce/Family Issues
    • Filing for Divorce
    • Child Custody
    • Parenting Time
    • Moving with the Kids
    • Spousal Support
    • Personal Protection Orders
    • Property Division
    • Retirement Benefits
    • Child Support
    • Prenuptial Agreements
  • Survival Guide
    • Wayne County >
      • Wayne County
      • Plymouth Canton Northville
      • Dearborn
      • Livonia
      • Woodhaven/Brownstown Twp
      • Westland
      • DV Attorney | Arrest Romulus - Belleville - Van Buren Twp
    • Oakland County >
      • Novi
      • Rochester Hills
      • Farmington Hills
      • Royal Oak
      • Troy/Clawson
      • Bloomfield Hills
      • Southfield
      • Waterford
      • Oak Park
      • DV Attorney | Arrest Clarkston/White Lake Domestic Violence
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Township
      • Ypsilanti 14A-2
      • Chelsea
      • Saline
      • Ypsilanti 14-B
    • Ingham County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
    • DV Attorney | Arrest Macomb County
  • Our Team
  • Meet Jonathan
  • Reviews