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Different Types of Criminal Trials – Jury or Judge | Houston Criminal Law

Dan Cogdell | 1156 Views | 08/21/2015

Types of Criminal Trials

What’s the difference? Hello. My name is Dan Cogdell, I’m a lawyer here in Houston. I’ve tried cases to verdict in 16 different states and all around this state. I want to talk to you right now about the difference between a trial by jury and a trial by judge and when one might be appropriate and when another might be appropriate.

Trial by Jury

Look, the vast majority of trials are trials by jury. That is the jury is the fact finder. They determine whether or not the state has proven it’s case beyond a reasonable doubt. In Texas, at least in state court if you are found guilty then you have the option of having the jury assess punishment or the judge assess punishment.

Most trials where you got a number of different issues to be decided you want them to be sided by a jury trial because let’s face it jurors aren’t up for re-election. They don’t really have to explain to the public why they found a certain way and a certain case. They are sort of one shot judges and that’s generally good for the accused. I don’t want my juries to ever have to explain or defend their position. I want them to do what they think is the right thing for the right reasons and not because they think it’s going to help them become more popular, or get a pay raise at work, or get re-elected.

Trial by Judge

On the other hand there are a few occasions, rare occasions that you might want to opt for a trial by judge. Usually that is a situation where you have only a question of law not a question of fact or a mix question of law and fact, a suppression issue, a technical issue. Something very, very discreet or you and the start are in agreement as to say 80% of the issues to be decided but you’ve got 20% that you can’t decide on and you think a judge because of their experience, or their background, or their previous position, or their judicial temperament to be a better fit for the particular case then you do as a rule for a jury.

Trial Recommendation

Here’s the bottom line. The bottom line is most of the time in this state when you have a trial you want it to be a trial by jury. There are some occasion where you want to to be a trial by judge but those are limited and more rare. If you have questions along those lines as to whether or not in your situation you’re better off having a trial by jury or a trial by judge call us. We’re happy to talk to you, we’re happy to meet with you and we’re happy to explain your options. My name is Dan Cogdell, I’m a lawyer here in Houston. Thank you for watching.

By: Dan Cogdell

Different Types of Criminal Trials – Jury or Judge | Houston Criminal Law

Types of Criminal Trials

What’s the difference? Hello. My name is Dan Cogdell, I’m a lawyer here in Houston. I’ve tried cases to verdict in 16 different states and all around this state. I want to talk to you right now about the difference between a trial by jury and a trial by judge and when one might be appropriate and when another might be appropriate.

Trial by Jury

Look, the vast majority of trials are trials by jury. That is the jury is the fact finder. They determine whether or not the state has proven it’s case beyond a reasonable doubt. In Texas, at least in state court if you are found guilty then you have the option of having the jury assess punishment or the judge assess punishment.

Most trials where you got a number of different issues to be decided you want them to be sided by a jury trial because let’s face it jurors aren’t up for re-election. They don’t really have to explain to the public why they found a certain way and a certain case. They are sort of one shot judges and that’s generally good for the accused. I don’t want my juries to ever have to explain or defend their position. I want them to do what they think is the right thing for the right reasons and not because they think it’s going to help them become more popular, or get a pay raise at work, or get re-elected.

Trial by Judge

On the other hand there are a few occasions, rare occasions that you might want to opt for a trial by judge. Usually that is a situation where you have only a question of law not a question of fact or a mix question of law and fact, a suppression issue, a technical issue. Something very, very discreet or you and the start are in agreement as to say 80% of the issues to be decided but you’ve got 20% that you can’t decide on and you think a judge because of their experience, or their background, or their previous position, or their judicial temperament to be a better fit for the particular case then you do as a rule for a jury.

Trial Recommendation

Here’s the bottom line. The bottom line is most of the time in this state when you have a trial you want it to be a trial by jury. There are some occasion where you want to to be a trial by judge but those are limited and more rare. If you have questions along those lines as to whether or not in your situation you’re better off having a trial by jury or a trial by judge call us. We’re happy to talk to you, we’re happy to meet with you and we’re happy to explain your options. My name is Dan Cogdell, I’m a lawyer here in Houston. Thank you for watching.

By: Dan Cogdell