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Changing from bench trial to jury trial?

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. 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.


  2. 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.


  3. 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.


  4. 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. This is information for educational purposes only, and no attorney-client privilege exists.

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