Legal Question in Criminal Law in Colorado

Judge v. jury

I have a friend who pleaded not guilty to a case (involving illegal drugs)which he intends to fight and go to trial. What would be better having a Judge hear his case or a Jury. Also, if he fails to win the case which would be cheaper as far as legal court costs go? (Fines, etc.)

Please advise.

Thank you for youi time.


Asked on 8/11/04, 8:30 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Judge v. jury

Whether a judge or jury is preferable depends upon many factors, including the nature of the crime, the demographics of the jury pool, the defendant's background, the evidence to be offered, the arguments he will present in his defense, etc. It also depends upon the skills and preferences of the defense attorney. The most important consideration is which judge handles the trial, though that information may not be available until shortly before the trial begins.

Your question suggests that you think there is one right answer for all cases, but if that were true then all defendants would decide the same way. This type of decision is very case-specific and only a lawyer familiar with the case can offer any guidance.

A defendant who fails to demand a jury trial early in the case may not be able to get one later, so your friend should probably demand one now to keep his options open; he can always change his mind before trial.

There should be no difference in costs between a jury trial and a bench trial. Even if there is, the difference will be trivial compared to what is at stake for your friend. He should not make his decision on that basis.

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Answered on 8/11/04, 8:42 pm


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