Legal Question in Criminal Law in California

Jury Trial

can you request a jury trial for a misdemeanor?


Asked on 3/11/09, 2:11 pm

3 Answers from Attorneys

Solomon Chang Law Office of Solomon Chang

Re: Jury Trial

Absolutely. Each and every citizen is entitled to trial by jury in all "serious criminal proceedings." A criminal proceeding is serious if the individual is subject to at least 6 months imprisonment or a fine of at least $1,000.

In California, misdemeanors are punishable by up to one year local custody and up to $1,000 fine. Therefore, misdemeanors are considered "serious criminal proceedings" and, as a result, all individuals have a right to a jury trial in misdemeanor cases.

Regards,

Solomon Chang

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Answered on 3/11/09, 4:11 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Jury Trial

Yes, absolutely. You do not need to request it, it is your automatic right.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/11/09, 7:55 pm
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: Jury Trial

Yes if the accused is an adult. If it is a juvenile case, you are not entitled to a jury.

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Answered on 3/11/09, 2:42 pm


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