Can the defendant in a criminal trial request to have a judge trial vs a jury trial?

I have heard you can ask for the judge to hear the case and that you can not have a judge hear the case, it must be a jury trial.

Asked on March 8, 2016 under Criminal Law, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can request a judge trial versus a jury trial. But you have to officially waive your right to a jury trial.  Before you waive your right to a jury trial, however, visit with an attorney who normally practices in that court to determine if this is the best option for the facts of your case.

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