Q: How does a jury trial go for a violation of protection order? What happens as far as deals or will the case go to trial?
Will the state spend money on a jury trial for this type of case? Is it worth it?
A: The State absolutely spends money on these cases. A first violation has a maximum of 90 days. There is a one-year sentence possible for subsequent violations. It's impossible to gauge how a trial may go without knowledge of the facts of the alleged violation. You should meet with a lawyer in a confidential setting.
Scott Scherr agrees with this answer
A: It is the Defendant, not the State, that has the right to a jury trial. It is your constitutional right to demand a jury, so yes, the State will and must provide you with one, at the taxpayer's expense (you are a taxpayer), if you want to go to trial. At any time before a trial, however, the defendant and prosecutor may negotiate some other disposition that does not require a trial (e.g., a plea, a stet docket disposition, a diversion program, etc.). But if there is no agreement, the case goes to trial, unless something happens from the State's perspective to drop the charges.
Scott Scherr agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
