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To: Jezebelle

That doesn't appear to be true.

Here is the kind of reference I'm talking about, which states clearly there IS a right by the defendant to waive a jury trial and have a bench trial.

http://www.lawyers.com/lawyers/A~1020204~LDS/NORTH+CAROLINA+CRIMINAL+PROCESS.html

Trial
Many prosecutors will consider "plea agreements," although it's not legally required. If you don't reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage.

Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by:

Pleading guilty; or
Choosing a bench trial (a trial in front of a judge only)


244 posted on 05/25/2006 4:07:11 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: David Allen

I know i am sound too much like a lawyer, but the right to waive is not the same thing as having the right to have a bench trial. One side can waive a right but they other side can assert it. but i hope i am wrong.


249 posted on 05/25/2006 4:24:45 PM PDT by streeeetwise
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