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 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.
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:
- 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.
- 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.
- 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:
- The complexity of issues surrounding the case might confuse the jurors. As a result, jurors might end up making a wrongful conviction.
- Jury trials tend to last longer than bench trials. And this can be time-consuming and expensive for the defendants.
- 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.
Arrested for Domestic Violence? Call!
If you have been accused of domestic violence, you should reach out to us, and we will be glad to help. Our team of competent attorneys will guide you through the proper steps. We will assess your case and recommend whether or not to request a jury trial.
Below are our contact details:
Email: [email protected]