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?


Asked on 1/04/11, 8:52 am

2 Answers from Attorneys

Lawrence Lewis Lawrence Lewis, P.C.

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.

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Answered on 1/09/11, 8:58 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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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Answered on 1/09/11, 9:31 am


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