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THE JURY TRIAL TAX: IS IT REAL?

The Problem:  Jury Trial Tax.  Plea Bargain and get no jail.  Take it trial and lose and get jail time.

Utah Criminal Defense Attorney Jake GunterAs a Utah criminal defense attorney, I am always concerned about going to a jury trial, losing, having the judge hear all the bad facts and then send my client to jail because he knows the fuller picture.

In contrast, had my client just plead guilty, he likely would have secured a sentence bargain of no jail or jail isn’t even on the table.

This is called the jury trial tax.  Exercising your rights is not supposed to be used against you?  But is it?

The drawback of going to a jury trial is that the sentencing judge on cases that normally would not render any jail time, all of the sudden merit a few days in jail.  Going to trial and exercising your constitutional right to a jury backfires in way.

Unconstitutional to Use Your Jury Trial Rights Against You.

Utah Criminal Defense LawyerThe law is clear—the sentencing judge can’t use your decision to have a jury trial against you.  It is not lawful to comment on the record that because a jury trial was selected that you are now receiving a jail sentence.

What to Do About the Jury Trial Tax Dilemma?

At the beginning of the case you have to analyze whether the jury trial tax will apply to your case and how much it may be.  Your attorney needs to understand who the judge is and what the sentencing judge’s likelihood of sending you to jail.

Perspective.

Utah Criminal Defense Law FirmThe jury trial tax is most annoying on Misdemeanor cases where you never, ever would have went to jail had you plea bargained the case, but because you decided to have a jury trial, you know find yourself in the county jail.

You must put all this in perspective, which is a few days jail is nothing compared to spending 5 years on prison on a mandatory minimum sex offense case.   

UTAH CRIMINAL DEFENSE ATTORNEY Jake Gunter (801) 373-6345.  TXT / Call for a free consultation.

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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