How do I request a jury trial? 10 Answers as of March 26, 2013

The judge convicted me of driving under the influence of alcohol. I don't believe it was fair so how do I get that dismissed and a new trial where the jury can decide. Doesn't every American have the right to a trial? Was it legal for the judge to just convict me like that?

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Fenaughty & Associates, PC
Fenaughty & Associates, PC | Dan Fenaughty
You have the right to trial by jury. Unless you pleaded guilty or chose for trial to the court (judge), that right remains. You also have the right to counsel. In which county court did you appear?
Answer Applies to: Colorado
Replied: 3/26/2013
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
In order to have had a judge decide your case you had to have waived the right to a jury trial. It is difficult to understand how you could not have been aware of that since it has to happen in open court. Did you have an attorney? If so ask him or her how it happened. If you didn't you have now provided the best reason for not representing yourself.
Answer Applies to: California
Replied: 3/25/2013
Not Guilty In DC
Not Guilty In DC | David Akulian
In Washington D.C., you only have the right to a jury trial where the penalty on a particular charge is potentially greater than 180 days in jail or when the total time from all charges in a case is greater than 2 years in jail. This is the federal standard. So you can make a motion for new trial, but will not get a jury in the second DUI trial.
Answer Applies to: District of Columbia
Replied: 3/25/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
The right to trial by jury only applies to felonies or offenses where you could go to jail for more than a year. There is no jury trial right for misdemeanor offenses like DUI.
Answer Applies to: New York
Replied: 3/25/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
how do I get that dismissed? You don't. You could file a motion to set aside the plea and conviction, or file an appeal, if timely and you have proper legal and factual grounds to support those, and are willing to hire counsel to do so. You apparently plead guilty or no contest in a plea bargain or in a submission to the court. You had to have waived you right to trial and other Constitutional protections as part of that process.
Answer Applies to: California
Replied: 3/25/2013
    Universal Law Group, Inc. | Francis John Cowhig
    If you were charged with either a misdemeanor or a felony, somewhere during the process, either you or your attorney waived your right to a jury trial. If you were charged with an infraction, there is not right to a jury trial.
    Answer Applies to: California
    Replied: 3/25/2013
    Lutwin & Lutwin, LLP | Joel M. Lutwin
    If you were tried on a charge which entitles you to a jury trial why did you have a bench trial?-if you were not entitled to a jury you may appeal your conviction.
    Answer Applies to: New York
    Replied: 3/24/2013
    Steven Alpers | Steven Alpers
    I don't know why you did not have a jury trial. The judge cannot just convict you without a plea of no contest or guilty.
    Answer Applies to: California
    Replied: 3/24/2013
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    In Nevada, you do NOT get at jury trial for a misdemeanor.
    Answer Applies to: Nevada
    Replied: 3/24/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    You requested a bench trial and lost? That was your trial. You don't get a new one just because you lost. You had a right to jury trial, but you waived it.
    Answer Applies to: California
    Replied: 3/24/2013
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