Legal Question in Criminal Law in Alabama

Am I Entitled to a Jury Trial?

I was provoked into a fight by a man. He went to the city police department and made out a warrant for my arrest claiming 3rd degree assault. The police fingerprinted and photographed me and gave me a date to appear in municipal court to have my case heard by a municipal judge.

I do not believe that this is fair. If someone accuses me of a crime, I believe that I have the right to be heard by a jury...and that is what I want.

How do I go about doing that, or can I even do that?


Asked on 12/28/99, 5:55 am

1 Answer from Attorneys

Richard Fricks Law Offices of Richard Fricks

Re: Am I Entitled to a Jury Trial?

Third degree assault is a class a misdemeanor; Alabama law does not provide the right to a jury trial for a misdemeanor in municipal court; however, if you lose here you have an automatic right to appeal to the circuit court of your county; where you will have a right to a jury trial.

Please contact me if I can be of assistance. Also, these comments should not be taken as legal advice. I need to know a lot of facts before I can advise you. You may reach me at my email address or through my web site: http://www.frickslaw.com.

Sincerely,

Richard L. Fricks

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Answered on 1/15/00, 5:15 pm


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