Legal Question in Traffic Law in Maryland

My son got stopped for 2 traffic violations the paperwork stated he must decide between a hearing or trial. Isn't the trial a non-jury trail where you come before a judge?

Asked on 11/05/13, 8:39 am

2 Answers from Attorneys

William Welch William L. Welch, III Attorney

Unless the penalty exceeds 90 days, then a person does not have a right to jury trial.

An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.

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Answered on 11/05/13, 11:08 am
Jason Cleckner Law Office of Jason Cleckner, LLC

If you're talking about payable (not jailable) tickets, then his three choices are pay, waiver hearing, trial. NEVER choose anything but trial. And yes, the trial will be with a judge, not a jury. Therefore, given that most judges absolutely positively cannot disbelieve a police officer, he has no chance. After he loses said trial, he can then appeal to the Circuit Court, but will still not get a jury.

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Answered on 11/07/13, 9:24 am

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