Changing from bench trial to jury trial?

Asked almost 3 years ago - Atlanta, GA

I was unrepresented at my arraignment for my DUI. Solicitor asked me if I wanted to enter a plea today or have the case reset to give time to hire a lawyer. I chose the latter not guilty bench trial. Should my lawyer, who I hired after the first court appearance, feel that jury trial is better, can it be changed?

Attorney answers (4)

  1. Jessica Ruth Towne

    Pro

    Contributor Level 13

    Answered . Depending upon the court and how familiar your attorney is with the prosecutor, if you opted for a bench trial and then your attorney enters an appearance, the prosecutor may disregard your request for a bench trial and ask your attorney how you intend to handle the matter. You need an attorney. For instance, I recently had a client go to court initially and say she wanted a bench trial, when she really wanted a new court date to bring me in as her attorney. As soon as the prosecutor saw that I was the attorney on the case, he immediately pulled it out of the trial stack and put the case back on an arraignment calendar.

    I am an attorney. I am not your attorney unless you have signed a written contract with me and given me money.... more
  2. Kevin Aaron Chastine

    Pro

    Contributor Level 12

    Answered . That shouldn't be a problem. Call around and find someone you're comfortable with, who is serious about taking your case to trial if necessary.

  3. George F. Mccranie IV

    Pro

    Contributor Level 15

    Answered . Once your attorney files the rquired Entry of Appearance it should not be difficult to have your case changed to a jury trial. You should discuss the change from a bench trial to a jury trial with your attorney and have him explain the advantages and disadvantages of each type of trial.

  4. David Edward Boyle

    Contributor Level 15

    Answered . You should be asking your lawyer this question but yes you can unless you waived the right to a jury trial on the record, which they usually do not do.

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