Jury Trials - When & Why?

Colorado Jury Trial

Having a jury for a criminal case is Denver, Broomfield or Jefferson County could make the difference between winning or losing.  In most cases where jail is a possibility, you are entitled to have a jury decide your guilt or innocence by a unanimous verdict. This is normally your best option.

Felony Jury Trial

For felony cases like Internet Luring, C.R.S. 18-3-306 or Theft, C.R.S. 18-4-401, you are entitled to a jury of twelve (12) persons. You receive this large number of jurors because prison is a possibility if you lose. They must all decide you are guilty or innocent. If they can't do this, your case will eventually be declared a mistrial. If a mistrial occurs, the government will then have ninety (90) days to retry your case. At that new trial, they will have to re-present their entire case to a new jury.

Misdemeanor Jury Trial:

With misdemeanor cases, you are entitled to six (6) jurors. Again, they must all decide your guilt or innocence unanimously, or you will be subject to a mistrial. The worst that can happen to you upon a guilty verdict in a misdemeanor case is a sentence of up to twenty-four months in the Arapahoe, Douglas or Adams County jail.

Municipal / City Court Jury Trials:

In municipal or city court cases, you can get a jury provided your case carries the possibility of jail. But, different than county felony and misdemeanor cases, you must pay a $25 fee for your municipal court jury and make your request in writing shortly after your first court appearance. It is very important that you make your written request timely and pay the jury fee. Otherwise, you will not get a jury. It is always best to seek the largest jury possible.

Why Should You Get a Jury Trial?

Judges work for the people of the State of Colorado, or a political subdivision, like a city. The prosecutor works for the same entity. Judges and prosecutors work together daily. As a result, they begin to like each other. We have also heard it said that judges are trained to side with the prosecutor when in doubt, and that such a position is safer for a judge's career. A jury, on the other hand, has never met the prosecutor and is not concerned with who knows who. They are charged with deciding the case "beyond a reasonable doubt", and generally do a good job at this. The bottom line is that you have a much better chance of success at winning your criminal case if you have a jury trial.

If you are facing criminal charges and a trial, contact the experienced criminal defense attorneys at the O'Malley Law Office, P.C. We have over twenty years' experience defending the accused from our government. So, be smart, exercise your right to remain silent and call our lawyers at 303-731-0719. Together, we can protect your future.

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