After waiving a jury trial and being found guilty, is it possible to retry case with a jury?

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After waiving a jury trial and being found guilty, is it possible to retry case with a jury?

Sentencing is 10/15. I wish to reopen case for a jury to decide prior to sentencing.

Asked on October 11, 2010 under Criminal Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak with an attorney to be sure, but it is highly unlikely that you could set aside the verdict and get a new trial. The mere fact that you chose to not have a jury means nothing--that was your choice and you'd have to live with the consequences. The only grounds for a new trial would be if you can show some serious misconduct on the part of either the prosecutor or the judge (or at least a very significant mistake in applying the law on the judge's part) or that one or more of your rights under either your state or the federal consitution were violated, such as if you were subject to an improper search, were not advised of your right to counsel, or they continued to badger you after you had asserted your right against self-incrimination (i.e. your right to not speak to police or proscutor). Again, though, the fact of waiving your right to a jury trial, by itself, means nothing.


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