We're still open! Don't wait to file cases as the courts will be congested. Call us today!

Attorneys at Law

Lawyers with over 60 years of combined experience in Tippecanoe and all surrounding counties.

300 Main Street Suite #500
Lafayette, IN 47901

Your Right to a Jury Trial

In misdemeanor cases, the right to a jury trial is not automatic but is controlled by Criminal Rule 22 which provides:

A defendant charged with a misdemeanor may demand a trial by jury by filing a written demand therefor no later than ten (10) days before her first scheduled trial date. The failure of a defendant to demand a trial by jury as required by this rule shall constitute a waiver by him of trial by jury unless the defendant has not had at least fifteen (15) days advanced notice of his scheduled trial date and of the consequences of his failure to demand a trial by jury.

When charged with a misdemeanor, the court will schedule bench trial. You must make a written request for a jury trial if you want a jury. A defendant can waive the right to a jury trial by failing to make a timely written demand for trial by jury.

Accordingly, if you have been arrested for a misdemeanor, you need to hire an experienced criminal defense lawyer such as Steven Knecht with Vonderheide & Knecht before your first court date or immediately thereafter to preserve your right to a jury trial as well as other important rights and defenses that you will lose without the help of a skilled, experienced attorney.

Filed to Ask a Lawyer, Criminal Defense

Back to Blog