Legal Question in Criminal Law in Georgia
can a public defender pass a case to state court or jury trial without consent of defendant?
2 Answers from Attorneys
No.
What the hell is passing a case? Every arrested person has a constitutional right to a jury trial. Every trial attorney worth anything is preparing to try the case from teh moment that he/she meets the accused. If the charges are not dismissed (a decision made 90% of the time by the prosecutor), the accused will either enter a guilty plea or go to trial. Expereinced public defenders know that most clients are indecisive game-players, so they are preparing for trial right from the start. With 200 major felony jury trials to my name, I am preparing for trial right from the initial client interview. THEREFORE, UNLESS THE CLIENT SAYS: I WANT TO ENTER A GUILTY PLEA, THERE WILL BE A JURY TRIAL. There is no "pass". In fact, the instruction in the guilty plea advise the defendant: If you enter a plea of not guilty or stand silent and say nothing, YOU WILL HAVE A JURY TRIAL.
The best way to put it to quote Chief Judge Dawson Jackson in Gwinnett County, YOU DO NOT HAVE THE RIGHT TO NOT HAVE A JURY TRIAL. Either eat the time associated with the plea, or you will be going to trial. There is no pass.
Lawrence
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