Arlington, VA asked in Criminal Law and Domestic Violence for Maryland

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?

2 Lawyer Answers
Eric Todd Kirk
Eric Todd Kirk
Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

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

Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

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

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