Owatonna, MN asked in Criminal Law for Minnesota

Q: Were my rights violated?

I was supposed to get a jury trial to decide the outcome of my case, but the judge decided it all instead. Me and my boyfriend had the exact same charges, but he was given a much lighter outcome than me. I'm very confused and feel like I've been messed with a bit.

Related Topics:
2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: The judge decided it instead? You must've waived your right to a jury trial. That would've occurred in court and on the record. None of us have seen the police reports. So there is no way to determine if the judge "got it right." But presumably, there must've been some difference between what you did and what your boyfriend did if his outcome was more lenient.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: In Minnesota, everyone accused of a crime by the government has the right to a jury trial. That does not apply to a Minnesota "petty misdemeanor" since that is defined as not-a-crime, and no jail is possible. But for every criminal charge, there will be a jury trial, unless the charge is dismissed, a guilty plea, or unless the defendant waives their right to a jury trial (and agrees to a trial by a judge instead). Every judge I've appeared in front of in Minnesota has gone to great lengths to document the defendant's waiver of a jury orally, on the record of the court reporter; and most also get a written waiver signed by the defendant. My first suggestion would be to discuss this with your lawyer, to see if he or she can help you understand what happened (or did not).

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.