Jury Trial vs. Bench Trial

This blog post is to clear up the confusion between a Jury Trial and a Bench Trial.  There are significant differences between both trials.  A “Bench Trial” is a trial to the judge.  A misdemeanor “Jury Trial” has six (6) jurors and duration is normally one (1) to three (3) days long; depending on the jurisdiction.  Only eight cases are allowed to be misdemeanor jury trials.  These are DUI, shoplifting, theft, prostitution, solicitation of prostitution, public sexual indecency, reckless driving and indecent exposure.  These are the most serious misdemeanors, also known as crimes of “moral turpitude.”  Excluding the eight misdemeanors just listed, all other misdemeanors will be bench trials.

There are multiple differences between a bench and jury trial.  In some cases, a bench trial may be more beneficial than trying a case to a jury.  However, you should allow a skilled defense attorney to access your case before making that decision.  Judges often know what officers are “straight shooters” and which ones tend to bend the story.  They also know the difference between a good and bad police investigation.

The main difference between the two trials is that in Jury Trials, the jury has to decide whether you are “guilty beyond reasonable doubt”, “not guilty beyond a reasonable doubt”, or whether they are unable to reach a unanimous verdict; also known as a “hung” jury.  In a Bench Trial, the judge makes this decision.

Without a good private defense attorney to represent you, the conviction rate on a bench trial will be much higher and could be up to 20% higher with jury trials.  Credibility and a carefully crafted defense are two important attributes which an experienced defense attorney will bring to your case.

Contact The Law Offices of David Michael Cantor today if you need assistance with a bench or jury trial.  To learn more, visit our Jury Trial or Bench Trial page and contact us now.

Cocaine Possession, For Sale: The Middle Man

In the state of Arizona, possession of drugs for sale and/or transportation for sale, are very serious charges.  The following is a common scenario in college environments:

21 year old Tim is a senior at a large Mid West university who is majoring in business and is in a fraternity.  One Friday night he and nine of his fraternity buddies know of a party going on that they want to attend.  One of Tim’s friends suggests that they all buy one gram of cocaine each to take during the night.  Tim knows a guy who sells cocaine but doesn’t feel comfortable being the middle man.  His friends all converse and nobody knows where to get the cocaine.  Even though he didn’t want to, Tim tells the guys that he knows somebody who deals coke.

Each of the guys gave Tim enough money for one gram of coke each.  With the money in hand Tim calls up his dealer and meets him to buy the cocaine.  The dealer gives Tim 10 individual one gram bags of coke to give to his friends.  Tim takes the cocaine and heads back to the fraternity house to give his friends their individual bags.

Tim is pulled over on the way home because he had a broken tail light.  Tim forgot that he did not cover the drugs in his backseat because he is not used to buying drugs.  The police officer sees the numerous baggies and asks Tim to step out of the car.  Tim thinks he will be fine because he knows it’s not all his but what Tim doesn’t know is that having more than 9 grams of cocaine is the legal threshold which turns his friendly pick up deed, into a possible 25 year prison sentense without parole.  Even though only one of the grams is his, he is now looking at possession of drugs for sale and/or transportation for sale.

If you need help with a situation like this or would like to read a possible defense for this scenario, visit our possession of drugs for sale and/or transportation for salepage and contact us immediately, at 602-307-0808.

Synthetic Drug Laws in Arizona

Guest Post by Lauren Williams, Legal Blogger for King Law Offices, Greenville, SC

Up until April 2013, the synthetic drug commonly known as “K2″, “Spice” or “bath salts” were legal in Arizona. While these drugs were labeled “not for human consumption”, they were marketed as a legal alternative to marijuana. An Arizona Criminal Justice Commission study found nearly 7% of 8th Graders, over 11% of 10th-graders and nearly 14% of 12th-graders had tried such synthetic drugs last year.

In April, House Bill 2327 was signed into law. This bill bans “any material, compound, mixture or preparation which contains any quantity of cannabimimetic substances and their salts, isomers… and salts of isomers”, putting “bath salts” alongside such dangerous drugs as cocaine and methamphetamines. Under the new law, persons in possession of synthetic drugs listed under the Arizona “Dangerous Drugs” statute would be treated just as if it were a marijuana possession. If the offender has not been arrested on federal drug charges prior to this charge, he or she will be eligible for probation and drug treatment.

Should the offender have had at least two prior felony drug convictions, the following applies:  

“Marijuana two (2) or more pounds, but less than four (4) pounds: class five (5) felony which carries mandatory prison from six (6) months to two and one half (2.5) years of incarceration. If the defendant has one (1) allegeable historical prior felony conviction, then a second offense felony would require prison of anywhere from one (1) year to three and three quarters (3.75) years of incarceration. If the defendant has two (2) allegeable historical prior felony convictions, then a third offense felony would require prison anywhere from three (3) years to seven and one half (7.5) years of incarceration.”

Defendants charged with selling, delivering or distributing synthetic drugs will face much harsher penalties, in line with penalties for intent to sell or distribute marijuana. Federal law already prohibits the sale of these synthetic drugs, both online and in retail stores.

Have you been charged with possession of synthetic marijuana in Arizona? Call us to schedule a free consultation for your case. Our offices can be reached 24 hours a day at (602) 307-0808 or via email.