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?
1 Answer from Attorneys
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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