Bench Trial or Jury Trial?

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"Hiring Adam was the best decision after I was charged with 4 tickets for a DWI. It took Adam just one court appearance to convert all the tickets into a minor DWAI with minimum charges. He always made sure I was relaxed and he would take care of me like a younger brother. I've no words to thank him for what he has done for me!" *****

Mode of Trial - Bench or Jury?

If you are heading to trial the judge will ask your lawyer what "mode of trial" you wish to have. That means you have a choice between a bench trial and a jury trial.

Bench or Jury?

What is the difference between "going bench" or "going jury?" In a bench trial the judge decides your guilt or innocence. In a jury trial a group of your fellow citizens decides guilt or innocence. You are entitled to a jury trial if your charges include a misdemeanor or felony. If they are violation-level offenses, you must have a bench trial.

You might choose a jury trial if the judge is well-known as being prosecution-friendly. (This is a really important reason as to why you should hire a local lawyer for your criminal case.) You might choose a bench trial if the case includes unsavory facts but - strictly speaking - you could be found innocent based on a legalistic view of the case. (Judges have seen it all, and your judge may be less likely to convict based on an emotional response to facts than a jury would be.) Ultimately you need to have a serious conversation with your attorney about this most important choice.


If you are arrested for DWI, call me. I have excellent client reviews, upfront pricing and an outstanding track record of winning at trial. Call today for a free phone conversation. (585) 485-0025.

10.0P. Adam Militello
P. Adam MilitelloReviewsout of 30 reviews

Militello Law Firm
2480 Browncroft Blvd.
Rochester, NY 14625

1 University Drive
Geneseo, NY 14454

Phone: (585) 485-0025
Fax: (585) 286-3128