A client always has the right to a trial by jury. It is six jurors in a misdemeanor case, and twelve in a felony case in Texas. The right to jury can be waived, and in some cases where we feel confident that the judge is a fair judge on most issues that are particularly important to our client in a case, we may recommend that the client waive a jury. The government also has a right to a jury trial, and they have to agree to waive the jury in that situation. There are situations where we choose to waive the right to a jury trial, but that is only when we feel confident that we can get a favorable result, or an acquittal, a finding of not guilty from the judge.
Sometimes, that is the better way to go, because the judge may be more knowledgeable about a particular issue that is favorable to our client, and not swayed by emotion, whereas sometimes jurors go by emotions, and they find the client guilty, because of the emotional appeal of a case instead of the facts. Therefore, it is a careful decision that we make based on the chances of success with a judge, or jury. Frequently, it is better to have a jury, just because if you have a jury you must have six or twelve people who are convinced beyond a reasonable doubt, and if just one of them is not, then your client cannot be convicted.
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