Criminal Defense Lawyers

I am filing pro se in federal court. Should I ask for a jury?

You’ve decided to file a lawsuit in federal court, without an attorney. As a pro se litigant, you’re taking on a big challenge – but, you’re up for it. One of the first, and most important decisions you’ll need to make is: should you request a jury trial, or go with a bench trial in front of a judge?It’s a critical choice; that will shape your entire case. And, it’s not always an easy decision. But don’t worry – we’re here to break it down for you, and help you make the right call for YOUR unique situation.

First Things First: What’s the Difference Between a Jury Trial and a Bench Trial?

Before we dive into the pros and cons, let’s make sure we’re all on the same page about the key differences between a jury trial and a bench trial:

• In a jury trial, a group of citizens from the community (usually 6-12 people) are selected to hear the evidence and decide the outcome of the case. They are the “finders of fact.”
• In a bench trial, there is no jury. Instead, the judge alone hears the evidence and issues a decision. The judge is both the “finder of fact” and the “finder of law.”

So in a jury trial, the jury determines the facts – like who is telling the truth, and what really happened – while the judge makes decisions about the law, such as what evidence is admissible. In a bench trial, the judge wears both hats.

The Right to a Jury Trial: It’s Your Call (Usually)

The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in most federal civil cases. So in many situations, it’s up to YOU whether to exercise that right or waive it.There are a few exceptions where you don’t have a choice:

• If your case is only seeking “equitable relief” (asking the court to order someone to do something or stop doing something), rather than money damages, you generally aren’t entitled to a jury.
• Certain types of cases, like admiralty cases, don’t have a jury trial right.
• If you’re suing the federal government, you may not have a jury trial right in some situations.

But in most other civil cases, the choice is yours. And it’s an important one.

Why Might You Want a Jury? The Potential Benefits

There are several reasons you might lean towards requesting a jury trial:

1. Juries May Be More Sympathetic and Relatable

Jurors are regular people, not legal experts. They may be more likely to sympathize with you and relate to your situation than a judge would be.If you have a compelling personal story, or if you think your case could strike an emotional chord, a jury might be more receptive to that. They may be more inclined to see things from your perspective.

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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2. Juries May Be Less Predictable (Which Could Be Good)

Judges are legal professionals with extensive experience. To some degree, they may be more likely to have pre-existing views on certain types of cases or situations.Juries are more of a blank slate. While this cuts both ways (more on that later), it does mean that a jury is more of a “wild card.” If you think your case is a long shot, that unpredictability might work in your favor.

3. Multiple Decision-Makers = More Chances to Persuade

With a jury, you have multiple people who all have to agree on a verdict. Even if you don’t convince all of them, in some cases you may only need to persuade a majority.Think of it this way: if you only have to convince 7 out of 12 people instead of a single judge, you have more opportunities to find a sympathetic ear.

4. Juries May Award Higher Damages

Studies have shown that juries tend to award higher damages than judges in civil cases. If you’re seeking a big financial payout, a jury might be more likely to give it to you.Of course, this isn’t guaranteed. But if you think your case could result in a substantial damages award, a jury could be more willing to go there.

On the Other Hand: Potential Drawbacks of a Jury Trial

While there are certainly benefits to having a jury, it’s not always the right call. Here are some reasons you might opt for a bench trial instead:

1. Juries Can Be Unpredictable (Which Could Be Bad)

That unpredictability we mentioned earlier? It goes both ways. Juries can be swayed by factors that aren’t strictly relevant to the legal issues in the case. They might make a decision based on emotion rather than logic.As a pro se litigant, you may not have the same skills as a lawyer when it comes to picking a favorable jury and making effective arguments to them. That lack of predictability could work against you.

2. Judges Understand the Law Better

Judges are trained legal experts. They know the ins and outs of the law and how to apply it to the facts of a case.Juries, on the other hand, are lay people who may struggle to understand complex legal concepts or technical issues. If your case involves a lot of specialized knowledge, a judge may be better equipped to parse through it and reach the right result.

3. Bench Trials Are Often Faster and Cheaper

Jury trials tend to take longer and cost more than bench trials. You have to go through the process of selecting a jury, and the trial itself may move more slowly as the jury is educated on the issues.If your goal is to resolve your case as quickly and cheaply as possible, a bench trial might be the way to go. It can streamline the process and get you to a resolution faster.

4. You May Have More Grounds for Appeal

If you lose at a jury trial, you may have fewer options for appealing the decision than you would with a bench trial.With a jury, you generally can’t argue that their decision was wrong or unsupported by the evidence. You’re pretty much stuck with the result, unless there was a serious legal error or misconduct.With a bench trial, you can try to argue on appeal that the judge’s decision was incorrect based on the facts or the law. You have more potential grounds to challenge it.