Legal Question in Criminal Law in Georgia
We were just notified by the ADA that there will be a bench trial of simple battery charges. The initial charge was child molestation and a mistrial occured. How can the charges change now and no jury trial take place?
2 Answers from Attorneys
The prosecutor can reduce the charge, but your attorney had to agree to the bench trial. Only the defendant can waive a jury trial. If you are having a bench trial it is because your attorney has indicated that you want a bench trial. Of course it may be part of a negotiation. You waive a jury trial for a bench trial, and they agree to proceed only on misdemeanor charges.
Only you can waive a jury trial. Did you?
You are facing a serious charge so certainly you have a lawyer. You should be discussing this with your lawyer.
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