Jury Trials In Florida State Court

 

After defense counsel reviews all of the pertinent evidence in a case received from either state or fedeal authorities and appropriate motions have been filed and litigated it is then after appropriate discussions with counsel up to the client to decide if he or she wishes to enter into a plea agreement and dispose of the case by a plea or exercise his right to have a jury trial. This decision should be made carefully after full cosultation with counsel ; it is always the client's right to exercise his right to a jury trial and my office always respects the decision of a client to execise this right.

A jury trial begins with jury selection known as voir dire. In Florida state court felonies are tried before a six member jury, not counting alternate jurors; A person charged with a capital crime like first degree murder which has a possible penalty of death upon conviction and after the penalty phase of the prosecution is entitled to a twelve person jury exclusive of alternate jurors.

This right may be waived. The Supreme Court has held that the minimum amount of jurors permitted in such a situation is six. In federal Court the right to a jury trial guaranteed by the Sixth Amendment to the United States Constitution applies to serious crimes as opposed to petty crimes; Crimes carrying a possible penalty of more than six month in jail are serious crimes and require a jury trial if the defendant so desires; crimes carying a penalty of six months or less in jail are considered petty crimes and a defendant is not entitled to a jury trial in such cases.

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