Anybody who is charged with a crime in Nevada has the right to a bench trial, where the judge and not a jury delivers the verdict. You can elect to have a trial by jury instead only if you are facing more than six months in jail/prison or if you have been charged with battery domestic violence.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. What is a bench trial in Nevada?
- 2. Do I have a right to one?
- 3. Can I appeal the verdict?
- 4. Can I disqualify the judge?
- 5. What are bench trials like?
- 6. Can I request a jury trial?
- 7. Which trial is better?
1. What is a bench trial in Nevada?
In Nevada criminal cases, a bench trial (also called a “trial by court”) is a trial where the presiding judge renders the verdict and, if necessary, the sentence. No jury is involved.1
Bench trials are quicker than jury trials because there is no jury selection.
2. Do I have a right to one?
Yes. Article III of the U.S. Constitution affirms that everyone who is charged with a crime has the right to a fair trial. Note that only competent people may stand trial.2
3. Can I appeal the verdict?
Yes. Bench trial guilty verdicts can be appealed to a higher court. For instance guilty verdicts in Las Vegas Justice Court may be appealed to Clark County District Court. Likewise guilty verdicts in Clark County District Court may be appealed to the Nevada Supreme Court.3
There are other avenues for attempting to overturn verdicts such as motions for a new trial and writs of habeas corpus.
4. Can I disqualify the judge?
When the judge in your criminal case has a bias against you, ideally the judge would recuse themself, and the case would go to a disinterested judge. Though if a potentially biased judge refuses to step down, you may bring a motion to disqualify the judge alleging how their biases would prejudice the outcome.4
5. What are bench trials like?
Bench trials tend to be shorter than jury trials because there is no lengthy jury selection process. The various stages of a Nevada bench trial are:
- opening statements
- the prosecution and defense present evidence and call witnesses
- closing arguments
- judicial deliberation in judge’s chambers
- verdict
- sentencing (upon a finding of guilt)
6. Can I request a jury trial?
At this time Nevada law recognizes the right to a trial by jury only if you are facing:
- more than six months of incarceration; or
- a battery domestic violence charge.
So if you are facing charges of just one misdemeanor (which carries a maximum sentence of six months), you can have a bench trial and not a jury trial unless the charge is for battery domestic violence.5
7. Which trial is better?
Jury trials are arguably fairer because “peers” are judging you rather than an authority figure who may compare the present case to past cases they presided over. On average, you stand a better chance of acquittal from a jury than a judge.
On the other hand, bench trials tend to be briefer and less costly than jury trials.
Jury trials are typically fairer to defendants than bench trials.
Legal References
FAQs
A bench trial is a trial where the judge is the sole fact-finder; that is, the judge alone makes a decision on the merits of your case after both sides have presented evidence.
What is the structure of a bench trial? ›
A bench trial is a trial where the judge is the sole fact-finder; that is, the judge alone makes a decision on the merits of your case after both sides have presented evidence.
What determines the outcome in a bench trial? ›
At a bench trial, the judge rules on the procedural and evidentiary issues and takes on the jury's role as factfinder. The judge will make the rulings, hear the evidence, and decide whether the defendant is guilty or not guilty.
What is the first step in a bench trial? ›
1. The Judge will announce the case and may make general comments. 2. Both parties may make an opening statement.
How do you prepare for a bench trial? ›
Review the judge's past decisions, including any findings of fact and conclusions of law in other bench trials. If possible, observe the judge at a hearing or bench trial in a different case to gather information on the judge's style, mannerisms, and procedures.
Who decides the case in a bench trial? ›
Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law. The word bench in the law is in reference to the judge, so a bench trial is a trial conducted by a judge, as opposed to a jury trial.
What are the disadvantages of a bench trial? ›
Bench Trial Cons
The disadvantage of having a shorter trial is that there is less time for both sides to present their case. Additionally, because the judge is the only one making a decision in a bench trial, some people feel that this can lead to bias or partiality.
Who determines the guilt of the defendant in a bench trial? ›
On the other hand, if a defendant elects a bench trial, only one person—the judge, will be hearing the evidence and determining guilt or innocence.
What level of evidence is necessary to find a person guilty in a criminal trial? ›
Beyond a reasonable doubt is the legal burden of proof required to affirm a conviction in a criminal case. In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt.
What are the three possible outcomes of a trial? ›
Case outcomes include Dismissal or Withdrawal, Diversion, a Guilty verdict, a Guilty plea, or an Acquittal (Not Guilty verdict). Except in the case of Acquittal, any outcome is subject to change through Refile, Reconsideration, or Appeal.
Appropriate introductory questions might include asking their name (if not already given), residence, present employment, etc. “Will you tell us a little bit about yourself?” “How are you connected to the case?” “Please tell the jury a bit about your background?”
What should I wear to a bench trial? ›
Show Respect for the Court
Courtrooms are formal environments, and your attire should reflect that. Men should wear closed-toe shoes and a collared shirt. Women can choose closed-toe shoes and modest, well-tailored clothing. Avoid overly casual items like jeans or sneakers.
What are the 7 steps of a trial? ›
CRIMINAL TRIAL PROCESS STEPS
- Selecting a jury.
- Opening statements.
- Witness testimonies and cross-examination.
- Closing arguments.
- Jury instruction.
- Deliberation and verdict.
While we recommend a jury trial in most cases, a bench trial is the better choice when: The defendant wants the case resolved quickly. Bench trials are easier to schedule because a judge can have multiple bench trials in one day. A judge can only have one jury trial in one day.
Is it a good idea to do a bench trial? ›
A bench trial may also be a prudent choice when a defendant's appearance suggests membership in a gang, i.e. numerous tattoos, and gang activity is an issue. Likewise, when the defendant looks like a heavy drug user and sales or possession is an issue, a bench trial may be better than a jury trial.
Who bears the burden of proof? ›
In a criminal trial, the burden of proof lies with the prosecution. The prosecution must convince the jury beyond a reasonable doubt that the defendant is guilty of the charges brought against them.
What makes a bench trial different? ›
A jury trial is where a jury hears the case, and a bench trial is where a judge hears the case.
What happens in a bench trial quizlet? ›
What happens in a bench trial? The defendant gives up his or her constitutional right to a trial by jury. Instead, the trial is conducted with only the judge.
What is the primary feature of a bench trial quizlet? ›
What is the primary feature of a bench trial? A judge rather than a jury determines the final verdict.
What do appellate judges look for when they review a case? ›
The appellate court reviews the record to make sure there is substantial evidence that reasonably supports the trial court's decision. The appellate court's function is not to decide whether it would have reached the same factual conclusions as the judge or jury.
