Right to a Jury in Tennessee
Under Article III of the U.S. Constitution as applied to the states through the 14th Amendment, all persons have a right to a jury when accused of a crime. The Supreme Court has decided, however, that the right does not extend to petty offenses. Under this judicial interpretation, states are free to determine which offenses are petty and which are not.
In Tennessee, petty offenses (or “small” offenses), are defined as cases where the potential sentence is less than $50 and carries no jail time. This can include ordinance and traffic violations in TN.
Defendants may also waive their right to a jury trial. In Tennessee, only Circuit Courts have jurisdiction to try cases before a jury. Further, only a Circuit Court can convict a person of a felony. If charged with a misdemeanor, the defendant is typically convicted and sentenced by a judge in General Session Court; however, the defendant can specifically request a jury trial and have his or her case heard in Circuit Court.
Though defendants have a right to a jury, the vast majority of criminal cases are not concluded with a jury verdict, but rather by plea bargain. A plea bargain is a deal offered by a prosecutor as an incentive for a defendant to plead guilty. This allows the prosecutor to obtain guilty pleas without having to go to trial.
In deciding whether to have a jury trial or a bench trial, it is in your best interest that you first obtain the services of a qualified attorney. At Baker Associates, our experienced Tennessee criminal defense attorneys can represent and pursue your interests from the beginning of your case when an arrest is made to sentencing or acquittal.
If charged with a crime, make the right decision by calling 866-853-2888 to speak with one of our skilled attorneys in Knoxville or Sevierville.
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