Asked 4/26/2016 – Houston, TX

GENERAL QUESTION

In a criminal felony case (felony injury to a child sbi) which is better: trial by judge or trail by jury?

Answer

There is no blanket answer as to which is “better”, a judge or jury trial. If there were, defendants would only pick one and there would be no need for the other. This is a question you and your attorney must sit down and decide. As a general rule, if a case is more a question of law (the facts of the case are virtually not disputed but there is a question of how a particular law applies to a fact situation), I will suggest a trail before a judge. Otherwise, I will suggest a jury trial. The decision you face is extremely fact dependent, so talk with your attorney.