The short answer is in Arizona no. If you have been charged with a misdemeanor you will not get a jury trial unless it is a crime involving moral turpitude, like theft or shoplifting, or driving under the influence (DUI). Any other crime, including domestic violence assault, assault, driving a suspended license do not get a jury trial if it is only a misdemeanor.
With a DUI charge,the law right now is that you will receive a jury trial for all DUI cases, but there is a recent move by the Arizona legislature to eliminate jury trials for first time non-extreme DUIs.
If the state of Arizona has charged or indicted you with a felony, then you will always get a jury trial if you want one, regardless of the actual charge. You would not have a jury trial if you and the state prosecution decided to have the judge rule on all factual issues.
A couple of points of clarification are warranted here. A charge can mean a complaint by a prosecutor or police officer while indictment means the grand jury has decided there was probable cause to charge you with a crime. Second, the judge is always the trier of law while the jury or judge may be the trier of fact. Trier of law means the judge decides all legal questions, like the jury instructions and rules of evidence. Trier of fact means who decides what actually happened independent of the legal issues.
WHAT IS BETTER, A JURY OR BENCH TRIAL BY A JUDGE?
Based on my personal experience, with some rare exceptions, I would ask and demand a jury trial if available. Based on my experience, juries make better decisions than judges. For more information and to schedule a free initial consultation, contact me by calling 602-955-1985.
