Bench Trial vs. Jury Trial in Maryland
In Maryland, you can have your case decided by a judge (bench trial) or by a jury of 12 citizens (jury trial). Each option has advantages and risks. At FrizWoods, we help clients make the right choice based on the facts, the charges, and the courtroom dynamics.
What Is a Bench Trial?
A bench trial means the case is decided solely by the judge. There is no jury.
Advantages:
- Quicker resolution.
- Judges are familiar with rules of evidence and may be less swayed by emotion.
- Often used in misdemeanor cases in District Court.
Disadvantages:
- One person decides guilt or innocence.
- Limited opportunity to connect with sympathetic jurors.
What Is a Jury Trial?
A jury trial means a panel of 12 community members decides the verdict. The judge still oversees the trial and rules on evidence, but the jury decides guilt.
Advantages:
- Greater chance of finding at least one juror with reasonable doubt.
- Jurors may be more skeptical of weak or circumstantial evidence.
- Essential for serious felony cases like first-degree assault or robbery.
Disadvantages:
- Slower process.
- Jurors may be swayed by emotional arguments.
- More complex procedures and rules.
Maryland Law on Jury Trial Rights
- Under the Maryland Declaration of Rights, Article 21 defendants have the right to a jury trial for serious offenses.
- In District Court, you can demand a jury trial if the maximum penalty is more than 90 days in jail.
- The Maryland Pattern Jury Instructions guide jurors on how to apply the law fairly.
How FrizWoods Helps You Decide
Choosing between a bench and jury trial is a strategic decision. We evaluate:
- The judge We use our knowledge of the Court system to try and predict how your Judge might influence your case.
- The jury pool County demographics matter. A case in Anne Arundel may be different than one in Prince George�s County.
- The facts of the case Technical legal issues may favor a judge, while sympathetic facts may favor a jury.
- Potential penalties Felonies almost always demand careful jury trial consideration.
Example Scenarios
- Robbery case with no identification A jury may find reasonable doubt when the State can't meet their burden.
- DUI case with borderline BAC A judge may be better equipped to apply the law correctly.
- Domestic violence case A jury may empathize with a defendant facing weak or biased testimony.
Why Choose FrizWoods?
We have successfully defended clients in both bench and jury trials across Maryland. Our approach:
- Prepare every case for trial, even if it may resolve earlier.
- File strong pretrial motions to limit the State's evidence.
- Use cross-examination and expert testimony to build reasonable doubt.
Deciding between a bench and jury trial is one of the most important choices in your case. Don't make it alone. Contact FrizWoods today for a free consultation to discuss your defense strategy.
Max Frizalone
Founding partner of FrizWoods LLC known for courtroom-first strategy and client-focused advocacy.
- Former Prince George's County State's Attorney and Maryland Public Defender.
- Handled serious cases including carjackings, attempted murder, armed robbery, and violent felonies.
- A thoroughly reviewed criminal lawyer with a track record of trial wins in high-stakes felony and misdemeanor cases.
Luke Woods
Veteran trial attorney with decades of criminal defense experience across Maryland courts.
- Over 20 years of experience in Maryland criminal courts
- Handled thousands of cases and 100+ trials.
- Extensive motion practice, jury/bench trials, and complex felony litigation.
FAQs
Q: Can I switch from a bench trial to a jury trial?
A: Yes. In many cases, you can demand a jury trial up until your trial date, depending on the charges.
Q: Do misdemeanors always go to bench trial?
A: Not always. If the maximum penalty exceeds 90 days, you can request a jury trial.
Q: Which is better, bench or jury trial?
A: Neither is automatically better. The right choice depends on the facts, the judge, the jury pool, and your defense strategy.