Your trial may be a bench trial before a single trial Judge or a jury trial before a jury of twelve citizens and you should consult your attorney about this important decision. You should consider whether the prosecutor would be more likely to convince one Judge or twelve jurors of your guilt, whether your defense turns on questions of law or fact or if you foresee a potential for juror prejudice.

In some criminal cases, you do not have the right to a jury trial (this applies to some DUI cases, for instance).

Sometimes, you may have a stipulated bench trial, in which virtually all of the facts are by stipulation instead of testimony. This may be a useful tool where the facts are not really an issue in the case, but where the question is simply one of whether the judge applied the law correctly when ruling on a pretrial motion (usually a suppression motion). Your right to appeal is preserved, but the time and expense of a bench or jury trial can be largely avoided, to the benefit of the Commonwealth and the defendant.

Whether to have a jury, bench, or stipulated bench trial is a serious matter that can have a large impact on the outcomeof your case. You should consult with an attorney to discuss what might be best under your circumstances. You should call attorney Joseph N. Gothie at (717) 848-8455 to set up a free, no-risk consultation to discuss your case and to determine what would be best for you.

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