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Bench Trial Maybe Warranted in Georgia Criminal Case


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Although we don't usually go without a jury if we’re going to go to trial, we can use the judge only. That’s basically like doing a one juror trial. We know our judge’s tendencies and we know the legal issues that we’re trying to preserve in the case. Sometimes we will say, “Let's just do a bench trial because we're going to be able to protect the case that way better than going to a jury trial.” We also may have facts that we don't think the jury's going to like.

It may have something to do with what happened between the officer and our client. It may have something to do with what was said on the video that would be a very negative thing for the jury to hear. It could be something that was racial. It could be something that was sexually oriented. You don't know. It just might be profanity. We may have to go with the judge to have any realistic chance of winning. Rest assured we're going to choose the option that’s best for you in your case after a full investigation.

You're going to have to trust the experience level of your attorney in making this decision because this is something beyond your usual knowledge and your usual ability to determine. If you're not going to go with your attorney’s recommendation, then why have him or her in the first place.

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