Every person who is charged with a crime has the right to a trial by jury. It may be the most important right in our system of justice. But, as important as that right is, there are times when it is in the defendant’s best interest to waive that right and have a non-jury trial, which is commonly referred to as a “waiver trial.”  All of the defendant’s other important rights remain: the accused is presumed innocent unless and until the government can prove guilt beyond a reasonable doubt, and the government still has the burden to prove its case. The difference has to do with who decides the facts. In a waiver trial, the judge – not a jury – is the fact-finder.

Deciding between a jury trial and a waiver trial is one of the most important decisions one can make when charged with a crime. It can affect your chances of winning the case. And it can also affect the sentence you are likely to receive if found guilty. You should not make such an important decision without the trusted advice of an experience criminal defense attorney.

Attorney David Santee has represented hundreds of individuals in both jury trials and waiver trials over his nearly two decades of practicing law. He has taught a course in Trial Advocacy to law students at Villanova Law School for 15 years and is on the faculty of the National Institute of Trial Advocacy, teaching practicing lawyers how to represent clients at trial.