Legal Question in Criminal Law in Michigan

Defendants right to a jury trial

I would like to know, if a person is charged with a crime in the state of Michigan is it always the decision of the defendant to choose if he wants a jury trial or a bench trial? ( assuming the defendant pleads not guilty to the crime)


Asked on 9/20/99, 8:11 pm

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Defendants right to a jury trial

No. It is not always the defendant's decision whether to have a jury trial or not. The prosecutor also has the righjt to request a jury trial even if the defendant wants a bench trial. If a defendant wants a jury trial then the defendant will have a jury trial. If the defendant wants a bench trial but the prosecutor wants a jury trial there will be a jury trial.

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Answered on 9/23/99, 6:56 am


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