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Requesting a Jury Trial for Domestic Violence Cases: Pros and Cons

In 2019, the supreme court of Nevada ruled in favor of the right to a jury trial for DV cases.

The ruling reversed the previous one made in 2014, which denied said rights. People charged with 1st and 2nd offenses of Las Vegas domestic violence have the right to a jury trial. But should you take it? And what are the implications of requesting a jury for the DV charges?

Read on to learn more. 

Domestic Violence

Jury Trials for Domestic Violence

A jury is a group of local citizens who follow through with case hearings and deliver a verdict. The jury determines if the defendant is guilty or innocent. The jury might also get used to pronounce the final sentence. 

Defendants charged with domestic violence have the right to a jury. Jury trials will take between a few days to weeks to finish up. During the trial, jury members will review evidence and testimony of witnesses and parties. Arresting officers and law enforcement officials who arrest and investigate each case may testify before the jury. 

The jury might also consider additional evidence during the trial. Evidence may include police reports, scientific evidence, weapons, fingerprints, and images.

Plea Bargains During A Jury Trial

A plea bargain might be made before, during, or after the jury trial.

A strategic attorney understands the implication of pleading guilty when a client gets charged with domestic violence. A Jail term or probation might be issued. Other consequences such as immigration restrictions might apply.

What is the Best Option for Domestic Violence Charge? A Jury or Trial by Judge?

Depending on several factors, a jury trial or a judge trial (referred to as a bench trial) are both options for a domestic violence case. Although a case handled by a jury can be beneficial, it may also entail some consequences. 

Let us look at the bright side of requesting a jury trial.

Reasons to Request a Jury Trial for Your Domestic Violence Case

Here are some of the reasons to request a jury trial:

  1. You get to select your jury members through the voir dire process. The prosecution and the defense each get to remove jurors they think will vote against them. This act is supposed to lead to an impartial jury.

  2. The jurors’ decisions often get influenced by their emotions. Although jurors must issue an unbiased verdict, their feelings often affect the verdicts. The logic here is that jurors are humans and must live with their courtroom decisions. So, if you are a sympathetic defendant, you will most likely win their hearts. 

  3. A jury trial has more steps in the trial process. It gives the defendant more avenues to challenge a conviction on appeal. It also provides the prosecuting attorney time to offer a deal to settle the case.

Reasons Why It Might Not Be Wise to Request a Jury Trial for Your Domestic Violence Case

Here are some reasons why you must consider staying away from jury trials:

  1. The complexity of issues surrounding the case might confuse the jurors. As a result, jurors might end up making a wrongful conviction. 

 

  1. Jury trials tend to last longer than bench trials. And this can be time-consuming and expensive for the defendants. 

 

  1. Prejudices such as race or other preconceived notions could influence the verdict. Such ideas might make the jurors make a wrongful conviction.

Penalties for Domestic Violence

There are few penalties involved in the plea deal of domestic violence. The defendant can get a month to years of jail term, domestic violence counseling, and fees. 

You could also lose your 2nd amendment rights and forfeit all firearms.

Frequently Asked Questions

What is reasonable doubt?

Reasonable doubt is a legal standard used in criminal trials to determine whether the prosecution has proven the accused's guilt beyond reasonable doubt. It is the highest burden of proof in criminal cases and requires the jurors or judge to have no reasonable uncertainty about the defendant's guilt based on the evidence presented. If there is any reasonable doubt, the accused should be acquitted.

What is a criminal charge?

A criminal charge refers to a formal accusation by a government authority, typically the prosecution, stating that an individual has committed a crime. It is the initial step in the criminal justice process and signifies that the accused is suspected of violating a specific law. Criminal charges can range from minor offenses, such as petty theft, to serious crimes, such as murder or fraud. The charges outline the alleged criminal conduct and serve as the basis for the legal proceedings against the accused.

Further Reading

It’s important for our readers to know that our lead attorney, Molly Rosenblum Allen, Esq., is not just an expert in the courtroom but has also created a series of comprehensive resources to assist those navigating the complexities of domestic violence cases. These resources provide valuable information and guidance:

  1. Domestic Violence Lawyer in Las Vegas: A specialized service offering expert legal assistance for those facing domestic violence charges in Las Vegas. More information is available here.

  2. Understanding Domestic Violence in Las Vegas: A detailed exploration of the legal landscape surrounding domestic violence in Las Vegas, offering insights and advice. Learn more here.

  3. Domestic Violence Plea Bargain: An in-depth look into the plea bargain process in domestic violence cases, providing crucial information for those considering this route. Find out more here.

  4. How to Get Domestic Violence Charges Dismissed: A strategic guide for those seeking to have their domestic violence charges dismissed, outlining necessary steps and legal nuances. Access the guide here.

  5. How to Get Your Gun Rights Back After a Domestic Violence: A resource for individuals looking to restore their gun rights following a domestic violence incident, detailing the essential steps and legal considerations. Read more here.

  6. What are the Chances of Beating a Domestic Violence Charge in Nevada?: An analytical perspective on the probabilities and factors involved in successfully defending against a domestic violence charge in Nevada. Find the analysis here.

Molly Rosenblum Allen, Esq. is committed to providing not only legal representation but also valuable resources to empower and inform those facing domestic violence charges. These resources reflect her dedication and expertise in this challenging field.

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Offsite Resources You May Find Helpful

Here are seven offsite resources that provide information about domestic violence cases, jury trials, and related legal strategies:

  1. American Bar Association: The ABA provides a plethora of resources on a variety of legal topics, including the advantages and disadvantages of jury trials.

  2. FindLaw: This online resource provides free legal information, a lawyer directory, and other resources on a wide range of legal topics, including considerations for requesting a jury trial in a domestic violence case.

  3. Justia: A platform that provides free legal information and a directory of attorneys for various legal issues, including domestic violence cases and jury trials.

  4. Nolo: This website offers legal information to consumers and small businesses, including articles, blogs, FAQs, and news on criminal law and court procedures.

  5. Avvo: This website provides a directory of lawyers, legal advice, and other resources on a broad range of legal topics, including the decision to request a jury trial.

  6. LegalZoom: An online legal technology company that provides legal information and services to consumers and small businesses, including guidance on dealing with legal proceedings.

  7. National Domestic Violence Hotline: This national hotline provides 24/7 support to victims and survivors of domestic and intimate partner violence. While not a legal resource, it provides crucial support and resources for individuals facing domestic violence charges.

Why You Still Haven't Hired a Las Vegas Domestic Violence Defense Attorney Yet

Watch this short video to take the next big step toward defending your rights against your domestic violence charge.

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What's Next?

Las Vegas residents searching for the right Las Vegas criminal defense attorney?

Look no further!

At The Rosenblum Allen Law Firm, we have years of experience and expertise in defending our clients in court.

Our team is committed to providing a safe and reliable service that will give you the confidence you need when facing challenging legal issues.

We understand how stressful it can be, so let us help make this process easier for you by using our top-notch services!

Contact us today at (702) 433-2889 to start your journey towards justice with The Rosenblum Allen Law Firm – because everyone deserves their day in court!

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