What is it when they say waiver trial.: It's for my brother he is in jail.
Kevin’s answer:
A waiver trial is when a judge decides guilt instead of a jury. In misdemeanor and felony cases, a defendant has an absolute right to a jury trial. A waiver trial can only happen if the prosecution and defendant waive their rights to a jury trial. The judge is still bound by the same burden of proof as a jury.
There are many factors to consider when deciding between a judge and a jury as factfinder. It is among the most important decisions one might make when charged with a crime.
How should I go about fighting an underage?: I am 21 in 9 days, and while i was talking on the phone, a cop asked to talk to me. They cited me for underage drinking, however my BAC is not on the citation form, and they wrote on it I was drinking a specific type of alcohol when I never confessed to what I was drinking. Therefore, there is false information on the citation form. Specifically, my citation says "appeared staggering and omitting odor of alcoholic beverage." On my citation, I am being charged for 'purchase, consumption, possession, or transportation'. I am considering fighting it, or at least trying to take it to court so I can reduce my sentence and wipe it off my record. What procedures should I go about to do this and should I plead not guilty or guilty?
Kevin’s answer: You should consult a local attorney. There are diversion programs which vary by county but all generally require that you take a class, and may require license suspension or a short period of probation. The advantage to them is that they generally result in no criminal conviction, and an expungement of your record. There may also be ways to win your case. This is another reason why you should speak to an attorney.
Can you be sentence. Twice in the same case: I was's give four years probation then the judge to that back 2 years later in sentence me 1 to 5 years in doc sci forest
Kevin’s answer: The other gentlemen are correct. You should also be aware that if the judge finds that you are in violation, he can resentence you up to the statutory maximum originally permitted in your case.