When is a jury trial available in your jurisdiction?
In almost all states, it is your fundamental right if facing any criminal trial, including misdemeanors like DUI-DWI that carry punishments of up to a year in jail, to have a jury if you want one. To opt out of a jury trial and have the judge decide guilt, you must expressly, intelligently and personally participate in opting out of the jury trial.
Even in the states that afford you the right to opt for a jury trial, not every court has the ability to offer a jury trial. If your case is originally booked in an inferior (entry level) court that does not allow juries (like a traffic court, justice court or a municipal court), and you want a jury, the trial can be transferred to a court that gives you that option (like a circuit or superior court). The names of these courts differ from state to state, and your experienced trial lawyer will know which court is the appropriate court for such transfers.
In some states, the court system is set up to always allow your case an “initial” trial at a non-jury court, with a full right to get a NEW trial at court with a jury trial authority. Mississippi, Arkansas and Alabama are three states with this system. In these states, the SECOND trial (with a jury) will start from scratch, which is called a “de novo” trial.
