You have a right to a jury trial in criminal and civil cases in certain circumstances. Not every case allows you to have a trial in front of a jury.

You have a jury trial in a criminal case where one of the charges carries more than 90 days in jail as a maximum penalty. Therefore, you do not have a right to a jury trial if you receive a speeding ticket since it is a non-incarcerable offense. Similarly, there is a no right to a jury trial if the sole charge is driving without a license for a first offense since that carries a maximum penalty of 60 days in jail.

All jury trials in criminal cases take place before 12 men and women from the motor-voter rolls of the county where the case is tried. The verdict must be unanimous. If the jury cannot agree, it will result in a hung jury and the case can be tried again.

In civil cases, there is a right to a jury trial if the claim for damages exceeds $25,000.00. Therefore, a small claims court case is always tried in front of a judge. If you want to avoid a jury trial, limit your claim to $25,000.00 or less.

Civil jury trials take place before six men and women from the motor voter rolls of the county in which the case is tried. The verdict must be unanimous and a hung jury will result in a retrial.

There are circumstances where you may like your chances better before a jury as opposed to a judge or vice versa. In a criminal case, it is the Defenant's choice. However in a civil case, either side can request a jury trial.