The Sixth Amendment of the United States Constitution, a powerful safeguard of our right to a jury trial, is a cornerstone of the American legal system, particularly in criminal cases. Its significance cannot be overstated, as it ensures a fair and impartial trial for every defendant.

However, you have the right to waive a jury trial in criminal cases in Los Angeles in favor of a bench trial, where the judge, a seasoned legal professional, alone decides the verdict. This is a weighty decision, as in most cases, you probably don't want to waive your right to a jury trial, but there are some situations where it would make sense.

So, to waive it, you'd really have to have some sort of a strategy that made more sense to have a judge hear the facts of your case than to have a jury hear the facts of your case.  And that's rarely the case because if the Judge is going to find your client not guilty or reduce a charge, then you would think a jury would do it as well, and even the prosecutors would look at the case and say, you know what, there's a problem with this case.  We are going to do this, so it's very rare that you're going to want to have a judge actually be the decider of facts in a criminal case.

Reviewing Strategy With Your Criminal Defense Lawyer

The value of a jury trial lies in the diversity of perspectives it offers. Depending on the issue at hand in your case, it's important to evaluate whether it's beneficial to have a judge decide. The decision should be based on what would best serve your case.

Now, of course, there are cases where having the judge decide the issue is the best for your client, and the only way to really determine that is if you sit down with your attorney and figure out exactly what the issues are in the case.  In other words, what is the finder-of-fact or the jury going to have to find in order for your position to be won, in order for your position to be successful?

Once you make that determination, then you can figure out who's in the best position from your perspective to be the trier of fact, to listen to the evidence, and to make the ultimate decision whether your client is innocent or guilty of a particular charge or charges.  Most of the time, it will be a jury.  If it's a judge, it's usually going to be some sort of legal issue, probably.

You also have to realize that just because you might want a judge to hear the case versus a jury, the prosecutors may want something else.  The prosecutors who represent the People of the State of California also have the right to have a jury trial.  So, when it comes to a criminal case, does the defendant have the right to a jury trial, and does the prosecutor?

To waive a jury and have a judge decide the case, we refer to it as a court trial.  What you're going to have to have is both the prosecutor and the defense attorney for the defendant agreeing to have that court trial. This agreement is usually formalized in a written document. The defendant will have to be admonished that they're giving up the right to a jury trial. This admonishment, a formal warning from the judge, ensures the defendant fully understands the implications of their decision and is making it voluntarily.

They're actually going to have to agree to it on the criminal record, so they don't have some sort of appeal later, claiming they were cheated.  A judge should never have decided the case.  We should have let a jury decide that case.

Determining Whether Waiving Jury Trial is in Your Best Interest

So, no one's going to be able to tell you without having all the facts and details surrounding your case whether or not it's a good idea to have a judge hear your case versus a jury.  An attorney is going to have to look at everything and is going to have to see who the judge is going to be — that's another issue — and then is going to have to evaluate the case and really make an informed decision as to whether or not waiving a jury right is something that is in your best interest. This thorough process ensures that the decision is made with your best interests at heart.

I always like to have a jury.  I think jurors do know what they're doing.  I do think juries decide cases the right way.  I believe our American Justice System is one of the best in the world, and having a jury right is extremely important.

So, I would very rarely tell anyone to waive it. I've had cases where I've done it, but it has to make sense under the specific circumstances. I need to ensure that my client and I are in agreement that it's the best move. Then, we can proceed to do the jury trial waiver and let the judge decide the case.

Usually, court trials go much quicker than jury trials because judges can hear certain things that juries can't.  Judges can quickly sift through the evidence and make a decision.

So, if you are going to have a judge trial versus a jury trial, your case will go much quicker.  It'll be much smoother and more efficient.  However, the only problem with it is that you often end up being convicted more quickly and will end up in jail or prison sooner. This is because judges can make decisions more swiftly than juries, and their decisions are often more predictable. So, make sure before you waive that right to a jury, you make an informed decision with the counsel of your criminal defense attorney.