(405) 231-5600
Contact Us
Facebook
Twitter
YouTube
  • Reviews
  • About
    • About The Firm
    • John Hunsucker
    • Douglas Baxter
    • Robert McMaster
  • Case Results
  • Payment Plans
  • Practice Areas
    • DUI
    • Drug Crimes
    • Assault & Battery
    • Domestic Violence
    • Homicide Crimes
    • Property Crimes
    • Weapons Offenses
    • Other Offenses
  • FAQs
  • Helpful Videos
  • Expungement
    • Expungement FAQs
  • Contact

Bench Trials and Jury Trials in Oklahoma Criminal Cases

Home FAQs Bench Trials and Jury Trials in Oklahoma Criminal Cases

Bench Trials and Jury Trials in Criminal Cases

In Oklahoma, there are several ways in which a criminal case can be resolved without ever going to trial. In many cases, the matter can be handled through the filing of motions or plea bargaining. However, if your attorney is unable to reach a favorable resolution for you through these means, then the case will be scheduled for trial.

There are two types of trials in our justice system: bench trials and jury trials.

What Is a Jury Trial?

As the name suggests, a jury trial is a trial in which a jury of your peers decides the verdict. In Oklahoma, you are entitled to a jury trial if you have been charged with a criminal offense. There are two types of jury trials:

  • Trials for misdemeanor offenses consist of six-member juries
  • Trials for felony offenses consist of 12-member juries

The process of a jury trial looks just like what you have seen in the movies and on TV:

  • Both sides voir dire (question for bias) potential jurors
  • The prosecution and the defense make opening arguments
  • Witnesses are called to testify
  • Witnesses are cross-examined
  • Other evidence is presented
  • The prosecution and the defense make closing arguments
  • The jury adjourns to decide the verdict

In order for the jury’s verdict to be valid, it must be unanimous. If even one juror votes against the verdict, it could lead to a mistrial.

What Is a Bench Trial?

In a bench trial, the judge alone decides the verdict; there is no jury. The bench trial process is essentially the same as that of a jury trial.

In Oklahoma, both the prosecution and the defense must agree to a bench trial.

Which Trial Is Right for My Case?

The answer varies from case to case, as each type of trial has its advantages and disadvantages.

For example, jury trials usually take much more time to complete than bench trials. If you are looking for a speedy resolution to your case, a bench trial may be preferable.

However, judges can sometimes render decisions based on political pressure, especially if they will soon be up for reelection or review from the governor. Jurors, on the other hand, tend to make decisions based on emotion, even though they are instructed not to.

It is important that your attorney be familiar with the Judge you are appearing in front of as well as the general pulse for jury habits for the county or city in which your case is located.

Our attorneys will evaluate all the factors at play in your case to determine which type of trial is most likely to result in a favorable resolution. However, the decision to waive a jury trial is ultimately yours to make.

Free Case Evaluation




  • Reviews
  • About
    • About The Firm
    • John Hunsucker
    • Douglas Baxter
    • Robert McMaster
  • Case Results
  • Payment Plans
  • Practice Areas
    • DUI
    • Drug Crimes
    • Assault & Battery
    • Domestic Violence
    • Homicide Crimes
    • Property Crimes
    • Weapons Offenses
    • Other Offenses
  • FAQs
  • Helpful Videos
  • Expungement
    • Expungement FAQs
  • Contact
  • Home
  • Reviews
  • About
    • About The Team
    • John Hunsucker
    • Douglas Baxter
    • Robert McMaster
  • Practice Areas
    • DUI
      • Actual Physical Control
      • Driving Under the Influence
      • DWI
    • Drug Crimes
      • Cocaine Laws
      • Heroin Laws
      • Methamphetamine Laws
      • Drug Trafficking
      • Possession of Drug Proceeds
      • Drug Diversion and Alternatives to Jail For Women
      • Controlled Substances & Drug Schedules
      • Drug Trafficking vs. Distribution
      • Drug Possession Felony
      • Drug Possession on College Campus
      • Marijuana Laws
        • Marijuana Cultivation
        • Marijuana Paraphernalia Possession
        • Marijuana Possession
        • Possession with Intent to Distribute
        • Marijuana Trafficking
    • Assault and Battery
      • Against Emergency Medical Personnel
      • Against Law Enforcement
      • Aggravated Assault and Battery
      • Exploitation, Neglect and Abuse of Elderly
      • Dangerous or Deadly Weapon
      • Use of Force Justified
      • Threatening Violence
      • Other Assault and Battery Provisions
    • Domestic Violence
      • Domestic Abuse a Felony
      • Domestic Abuse Defined
      • Child Endangerment
      • Child Neglect
      • Child Abuse
    • Homicide Crimes
      • Manslaughter
      • Negligent Homicide
      • Justifiable Use of Deadly Force
      • Attempt or Intent to Kill
    • Property Crimes
      • Breaking and Entering
      • Burglary
      • Embezzlement
      • Fraud
      • Larceny
      • Receiving Stolen Property
      • Robbery
      • Shoplifting
      • White-Collar Crimes
      • Writing Bad Checks
      • Home Invasion
      • Vandalism and Malicious Mischief
    • Weapons Offenses
      • Gun Crimes
      • Carrying a Gun
      • Illegal Weapons Possession
      • Bombing, Manufacturing Bombs and Bomb Threats
    • Other Offenses
      • Acts of Terrorism and Terroristic Threats
      • Arson
      • College Campus Crimes
      • Hate Crimes
      • Harassment
      • Human Trafficking and Prostitution
      • Kidnapping Charges
      • Stalking
    • Sex Crimes
      • Sexual Assault
      • College Campus Sex Crimes
      • Sex Offender Registration
      • Internet and Computer Sex Crimes
  • FAQs
    • Court & Legal Procedures
      • Bail Hearings (Bond Hearing)
      • Probation Violations
      • Restraining Orders
      • Victim Protective Order
      • Veterans Diversion Programs & Alternatives to Jail
      • Search and Seizure Laws
      • Motion to Suppress Evidence
      • Criminal Charges and Global Entry/TSA PreCheck
      • What Is Probable Cause in a Criminal Case?
      • What Is Reasonable Suspicion in a Criminal Case?
      • What Is Circumstantial Evidence?
  • Oklahoma Criminal Defense Helpful Videos
  • Blog
  • Contact

Hunsucker Legal Group

Arrested in Texas? Click Here

Pay Online Now

Contact Info

600 West Sheridan
Oklahoma City, Oklahoma 73102
Phone: 405-231-5600
Email Us

About Us

Our Oklahoma City based law firm handles a wide variety of Oklahoma criminal charges. Learn More

© 2018-2023 Oklahoma-Criminal-Defense-Lawyer.com • All Rights Reserved.

  • Reviews
  • About
    • About The Firm
    • John Hunsucker
    • Douglas Baxter
    • Robert McMaster
  • Case Results
  • Payment Plans
  • Practice Areas
    • DUI
    • Drug Crimes
    • Assault & Battery
    • Domestic Violence
    • Homicide Crimes
    • Property Crimes
    • Weapons Offenses
    • Other Offenses
  • FAQs
  • Helpful Videos
  • Expungement
    • Expungement FAQs
  • Contact

PLEASE TAKE NOTICE THAT THE ASSEMBLY AND OVERALL APPEARANCE OF THE CONTENT OF THIS WEBSITE AS WELL AS THE CONTENT ITSELF, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMAGES, GRAPHICS, DESIGNS, SOFTWARE, AUDIO OR LOGOS CONTAINED ON THIS WEBSITE ARE THE EXCLUSIVE PROPRIETARY PROPERTY OF THIS WEBSITE AND ARE FULLY PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS (FOR ADDITIONAL INFORMATION, SEE WWW.COPYRIGHT.GOV). PLEASE BE ADVISED THAT ANY AND ALL UNAUTHORIZED USE, INCLUDING BUT NOT LIMITED TO REPUBLICATION AND REPRODUCTION OF ANY CONTENT CONTAINED ON THE WEBSITE IS ILLEGAL AND PROHIBITED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS. THE OWNERS OF THIS WEBSITE WILL SEEK PENALTIES TO THE FULLEST EXTENT OF THE LAW AGAINST ANY INDIVIDUAL OR COMPANY WHO WITHOUT AUTHORITY USE THE CONTENT OF THIS WEBSITE.