Jury Trials in The State OF Florida
Plea Agreement Or Jury Trial
After defense counsel reviews all of the pertinent evidence in a case received from either state or federal authorities and appropriate motions have been filed and litigated it is then after appropriate discussions with counsel up to the client to decide if he or she wishes to enter into a plea agreement and dispose of the case by a plea or exercise his right to have a jury trial. This decision should be made carefully after full consultation with counsel ; it is always the client's right to exercise his right to a jury trial and my office always respects the decision of a client to exercise this right.
A jury trial begins with jury selection known as voir dire. In Florida state court felonies are tried before a six member jury, not counting alternate jurors; A person charged with a capital crime like first degree murder which has a possible penalty of death upon conviction and after the penalty phase of the prosecution is entitled to a twelve person jury exclusive of alternate jurors. This right may be waived. The Supreme Court has held that the minimum amount of jurors permitted in such a situation is six.
In federal Court the right to a jury trial guaranteed by the Sixth Amendment to the United States Constitution applies to serious crimes as opposed to petty crimes; Crimes carrying a possible penalty of more than six month in jail are serious crimes and require a jury trial if the defendant so desires; crimes carrying a penalty of six months or less in jail are considered petty crimes and a defendant is not entitled to a jury trial in such cases.
A skilled trial lawyer will be aware of what challenges may be made to the "array" of jurors thus insuring the defendant's right to a fair trial. Certain complex cases involve the use of jury questionnaires and pre-trial excusal of jurors based upon their written responses. During the voir dire procedure skilled defense counsel should raise the constitutional issue of whether a potential juror can lay aside his or her opinion and render a fair verdict based upon the evidence presented in court.
Jury Trials In The State Of Florida continued
Zealous Defense Of Your Constitutional Rights
When you need an experienced and committed defense lawyer you can trust in Central or Southern Florida,
contact the criminal defense law firm of Michael B. Cohen, P.A. online or call 954-928-0059.
