When Will My Trial Have A Jury?

Over the years you’ve probably heard countless legal dramas discuss the right to a speedy trial, or the right for a case to be heard by a jury of one’s peers.  But unless you’re facing a day in court yourself it’s not something you likely gave much thought to.

So when does your trial have a jury?

In Maryland many minor driving offenses result in fees, or potentially points on your license that last for two years.  If you contest these sorts of infractions you’d typically go before a District Court judge who would decide the matter.  But if the charges are more serious, specifically if they have the potential to carry a maximum sentence of more than three months (90 days) in prison, then you have the right to a jury trial.

With those more serious charges your case could be transferred to Circuit Court and heard before a jury that would decide your guilt or innocence.

A similar threshold exists in Maryland for civil cases.  If the matter in dispute is greater than $15,000 then you have the right to request a jury trial.

What are the advantages?

A case heard before a judge in District Court generally takes less time and is able to render a decision faster than a similar jury trial in Circuit Court.  This is actually what prompted the legislature to increase the threshold for civil cases to be heard before a jury from $10,000 to the current $15,000 amount in 2010.

Prior to that change many people facing trials over insurance claims, such as those resulting from an auto accident, felt pressured into accepting offers they believed to be unfair in order to avoid the lengthy delay and added cost of a jury trial.

Deciding whether or not to request a jury trial is an important decision and largely depends on specific factors such as the facts of your case, and your overall defense strategy.

Use it or lose it

It’s important to realize that your right to a jury trial is one that must be exercised.  For example, in a civil case from 2012 (Duckett v. Riley) the plaintiff neglected to request a jury trial when they filed suit although they’d actually intended to have the case heard before a jury.  After a lengthy appeals process if was determined that this mistake cost them a jury trial even though they had the right to one.   You need to know not only your rights, but how to apply them.