Understanding Criminal Procedure and Bench Trials in Florida

If your criminal case in Florida goes to trial, you have the right to either a trial by judge or jury. A jury trial is what you typically see on TV - where a jury listens to the facts and arguments and decides whether you are guilty or not. A trial by judge, however, is what's known as a bench trial. The judge listens to the facts, knows the law, and decides the case. There are advantages and disadvantages to both, which can make it confusing for a defendant who realizes they have a choice in the matter.

At Rodriguez & Williamson, PLLC, our criminal defense attorney based in Hillsborough will review the facts and law of your case, and if a bench trial makes more sense, we will advise you of the same, outlining clearly the pros and cons. We want our clients to be informed so that they can make a decision with which they are comfortable. Contact us today at 813-320-7500 to schedule a Free and to get a smart defense.

What is a Bench Trial? Do You Get Sentenced at a Bench Trial? 

A bench trial is one of two different types of trials you can have in a criminal case. The other type is a jury trial. Do you get sentenced at a bench trial? 

In a bench trial, a judge hears the evidence, determines the facts, considers the legal issues that arise, and decides whether a defendant is guilty or not guilty. There is no jury involved in a bench trial. Do you get sentenced at a bench trial? 

The same procedural and evidentiary rules apply to bench trials as they do to jury trials. In both cases, the prosecution must prove the charge against the defendant beyond a reasonable doubt. In a jury trial, the jurors decide whether the prosecution has achieved this because they are the fact finders, whereas, in a bench trial, fact-finding becomes part of the judge's role. 

What are the Benefits of a Bench Trial in Florida?

There are several advantages to a bench trial, depending on the circumstances of a case.  

More efficient

Bench trials generally lead to a quicker resolution. This is because there is no jury selection process, and the court doesn't have to explain the relevant law to a jury. A bench trial flows more smoothly, as a judge can discuss any issues with the parties as they arise, rather than sending the jury out each time.  Do you get sentenced at a bench trial? 

Though this is an advantage, it is worth noting that the advantage is dependent on your unique situation. There is a caveat to efficiency. Some defendants assume a bench trial is better because of the time factor – after all, they just want to get back to their lives. This line of reasoning, however, may lead you in the wrong direction. Efficiency is better in some respects, but in others, it may not.

More neutral decision maker

A defendant may elect for a bench trial because judges can apply the law in a more neutral, dispassionate way. Given their professional experience, they can set aside any potential biases. For example, a bench trial may be preferable if the case is high-profile and has attracted wide press coverage. 

A judge can also set aside any potentially damaging, inadmissible information that may arise during a trial. It can be more difficult for jurors to disregard this information once they have heard it, even when they're told to do so. Do you get sentenced at a bench trial? 

More predictable

Bench trials are also considered more predictable. The parties can understand a judge's position on a legal issue before the trial starts based on previous rulings. This is especially the case if the same judge hears and decides any pretrial motions, as well as the trial. In comparison, the only opportunity to gauge a juror's position is during voir dire. 

Complex legal arguments

A bench trial may be preferable where a case involves technical legal arguments. A judge has expert knowledge of the law and can understand and apply complex legal concepts. A jury in the same case may find it more challenging to do so. 

What are the Disadvantages of a Bench Trial in Florida

Again, the disadvantages are dependent on the case itself. Two significant disadvantages, however, should make you think twice about a bench trial in most criminal situations.

  1. Only the judge decides as opposed to a 12-member jury. Thus, your fate rests in one set of hands versus 12 sets of hands. In a jury trial, if one person disagrees and believes you are innocent, that may be all you need for a hung jury. In a bench trial, the prosecutor only needs to convince one person that you are guilty beyond a reasonable doubt.
  2. The judge is familiar with all the evidence. A judge may be able to be unbiased, but that only goes so far. It is notable to keep in mind that they are the ultimate deciders on what evidence is admitted. There may be prejudicial or unreliable evidence or evidence obtained unlawfully, and because of any of the latter, the evidence is excluded. When you are defending yourself before a jury, this is important because they may never know about this evidence, but the judge knows everything there is to know about the evidence. No matter how the judge may try, that evidence can impact the final outcome.

Which Types of Criminal Cases are Best for Bench Trials?

There are pros and cons to a bench trial, just as there are for jury trials. More likely than not, if you have been charged with a crime, a jury trial is your best option. For less serious offenses, like traffic violations, some juvenile offenses, or petty offenses, a bench trial makes sense. In fact, in some jurisdictions, a bench trial is automatic for “petty” offenses (where the potential sentence is six months or less imprisonment).

On the other hand, for more serious offenses, a defendant can waive their constitutional right to a jury trial and ask to have a bench trial. This decision usually requires the agreement of the court and prosecution, too. Regardless of the alleged criminal activity, it is always best to seek advice from a competent criminal defense attorney before waiving a jury trial.

Contact a Criminal Defense Attorney in Hillsborough Today

Many factors exist when deciding to opt for a bench trial in Florida. Just keep in mind that waiving your constitutional right to a jury trial is a nuanced issue that requires thoughtful analysis of the facts and law.

At Rodriguez & Williamson, PLLC, our criminal defense attorney in Hillsborough will identify the relevant factors, like legal issues, potential defenses, and defense strategy so you can make the best tactical decision in your case. Fill out an online submission form or call us at 813-320-7500 for a Free.

At Rodriguez & Williamson, PLLC, our criminal defense attorney based in Hillsborough will review the facts and law of your case, and if a bench trial makes more sense, we will advise you of the same, outlining clearly the pros and cons. We want our clients to be informed so that they can make a decision with which they are comfortable. Get in touch with us at this very moment at 813-320-7500 to schedule a free consultation and to obtain sound legal counsel.

Do you get sentenced at a bench trial? 

A bench trial is one of two different types of trials you can have in a criminal case. The other kind is called a trial by jury.

In a bench trial, a judge hears the evidence, determines the facts, considers the legal issues that arise, and decides whether a defendant is guilty or not guilty. In a bench trial, there is no participation from a jury.

The rules of evidence and procedure in a bench trial are identical to those that apply in a trial with a jury. In either scenario, the prosecution must prove beyond a shadow of a doubt that the defendant is guilty of the crime for which they are prosecuting them. In a trial with a jury, the jury members serve as the fact finders and decide whether or not the prosecution has met its burden of proof. On the other hand, in a trial before a judge alone, the role of the fact finder falls to the judge.

What are the Advantages of Having a Trial Before the Judge in Florida?

There are several advantages to a bench trial, depending on the circumstances of a case.

More efficient

In most cases, a quicker resolution can be reached through bench trials. Because there is no process for selecting a jury and because the court is not required to explain the applicable law to a jury, this is the result. Maintaining order in a bench trial is easier because the judge can discuss any issues with the parties as they occur rather than having to send the jury out each time.

It is important to note that even though this is a benefit, the magnitude of that benefit will vary depending on the specifics of your situation. There is a catch when it comes to effectiveness. Some defendants believe that a bench trial is preferable due to the time factor because they simply want to get on with their lives. However, if you continue along this line of reasoning, you might be in the wrong place. It's true that efficiency is superior in some ways but might not be in others.

More neutral decision maker

A judge will be able to administer the law in a less emotional and more objective manner if the trial is conducted before the judge alone. Because of their extensive professional experience, they can put any possible prejudices to one side. For instance, a trial before a judge alone might be more appropriate if the case is high-profile and has received comprehensive press coverage.

During a trial, a judge has the authority to exclude from consideration any evidence that could be considered unfairly damaging or inadmissible. Once jurors have heard this information, it can be more difficult for them to disregard it in the future, even if they are instructed to do so. Do you get sentenced at a bench trial? 

More predictable

Bench trials are also considered more predictable. Based on previous rulings, the parties can understand a judge's position on a legal issue before the trial starts. This is especially true if the same judge will hear and rule on any pretrial motions and preside over the actual trial. In contrast, the voir dire is the only time that one has the opportunity to determine the position of a juror. Do you get sentenced at a bench trial? 

Complex legal arguments

In situations where there will be intricate legal arguments, a trial before a judge may be more appropriate. A judge has extensive knowledge of the law and can comprehend and apply difficult legal concepts. A jury deliberating the same case may find it more challenging to do so.

What Are the Drawbacks of Having a Trial Conducted Before a Judge in Florida?

Once more, the drawbacks depend on the specific circumstances of the case. However, two significant drawbacks associated with a bench trial should cause you to reconsider its use in most criminal cases.

In contrast to a jury of 12 people, the sole decision maker is the judge. Therefore, the outcome of your life is decided by one set of hands as opposed to 12 sets of hands. During a trial before a jury, all you need is one person who disagrees with the verdict and believes you are innocent for there to be a hung jury. In a trial before a judge and a jury, the prosecutor needs to persuade only one juror that the defendant is guilty beyond a shadow of a doubt.


The judge is well-versed in all of the evidence presented. There is a limit to the degree of objectivity that a judge can exercise. It is important to keep in mind that they are the ones who make the final decision on what evidence can be presented in court. It is possible that there is evidence that is detrimental to the case, unreliable, or obtained illegally; if this is the case, then the evidence must be thrown out. This is important when you are defending yourself in front of a jury because the jury may never know about this evidence, whereas the judge knows everything there is to know about the evidence. That evidence can affect the case's outcome no matter what the judge decides.

Which Categories of Criminal Cases Are Ideal for a Trial Before a Single Judge?

A trial before the judge alone has advantages and disadvantages, just like a trial before the jury does. If you have been accused of committing a crime, a trial by jury is likely the most beneficial outcome for you. A bench trial is appropriate for cases involving offenses that are not as serious as others, such as traffic violations, certain juvenile offenses, or petty offenses. In some legal systems, "petty" offenses are always tried by a judge alone in a bench trial (where the potential sentence is six months or less imprisonment).

On the other hand, in cases involving more serious crimes, the defendant has the option of waiving their constitutional right to a jury trial and instead requesting that they be tried by the judge alone. In most cases, the court and the prosecution must agree on this decision for it to be finalized. It is always best to seek the advice of an experienced criminal defense attorney before waiving your right to a jury trial, regardless of the alleged illegal activity that was committed.

Get in Touch With an Experienced Criminal Defense Lawyer in Hillsborough Today

There are many considerations to take into account before settling on a bench trial in the state of Florida. It is crucial to remember that the decision to waive your constitutional right to a trial by jury is complex and calls for careful consideration of the relevant facts and laws. Do you get sentenced at a bench trial? 

Our criminal defense attorney in Hillsborough at Rodriguez & Williamson, PLLC, will analyze your case and identify the pertinent factors, such as legal issues, potential defenses, and defense strategy so that you can make the most effective strategic decision possible regarding your case. You can get a free one by submitting an application online or calling 813-320-7500.

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