Jury

A jury is a group of ordinary citizens selected to hear evidence in a criminal case and decide whether the defendant is guilty or not guilty. The jury’s job is to evaluate what the prosecution has proven and what it hasn’t, and reach a verdict based on the standard of proof beyond a reasonable doubt. In criminal cases, every juror must agree for a verdict to stand.

A jury is made up of 12 people from your community, not lawyers, not judges, just regular people asked to decide a criminal case based on the evidence in front of them.

Most criminal cases never reach a jury. They’re resolved through plea deals or handled in front of a judge alone. But when the charges are serious, like vehicular manslaughter, DUI causing great bodily injury, or felony-level offenses, a jury trial becomes a real possibility.

A Los Angeles DUI lawyer can explain your options if your case involves a jury trial.

When a Jury Trial Actually Happens

In California, defendants charged with serious crimes have the right to a jury trial. For most standard DUI charges, a first or second offense with no aggravating factors, cases are typically resolved through plea deals or a bench trial, where a judge decides the outcome alone.

Jury trials become more likely when the charges are elevated. Jury trials might happen in cases of vehicular manslaughter, felony DUI offenses, or Watson murder cases.

It’s also worth knowing the difference between a criminal case and a civil case. A jury trial in a criminal case determines guilt and can result in prison time. A civil case, by contrast, typically involves financial liability, a separate process that can run alongside or after the criminal proceedings.

How a Jury Is Selected

Before trial begins, both sides go through a process called voir dire, or jury selection. The judge, the prosecutor, and your defense attorney each get to question potential jurors. The goal is to seat 12 people who can evaluate the evidence fairly.

Your attorney can ask that certain jurors be removed. Some removals require a stated reason. Others don’t. A skilled defense attorney uses this process carefully, looking for jurors who are open to scrutinizing evidence, skeptical of assumptions, and willing to hold the prosecution to its burden.

Who ends up in that jury box matters.

Jury Duty and Jury Service: What It Means to Be Called

Most people encounter the jury system not as a defendant, but as a potential juror. Jury duty, or jury service, is the civic obligation to appear when summoned and potentially serve on a jury panel.

When a case is scheduled for trial, the court clerk pulls names from the jury pool. From that pool, a smaller jury panel is brought into the courtroom for the selection process.

Jury service is mandatory. Ignoring a summons can result in fines or other penalties. Most people who are called don’t end up serving, as many are dismissed during jury selection, but showing up is required.

State Courts vs. Federal Courts

Most DUI-related criminal cases are handled in state court. But some charges, particularly those involving federal offenses, are prosecuted in District Court, which is part of the federal court system.

Federal courts follow stricter procedural rules, and the sentencing guidelines tend to be more rigid. If your case ends up in federal court, the jury selection process, the rules of evidence, and the overall structure of the trial can look quite different from what happens in a California state courtroom.

What the Jury Decides

The jury decides the facts: what the evidence actually shows and whether the prosecution proved its case.

In a serious criminal trial, that can mean evaluating:

• The credibility of witnesses
• The reliability of physical evidence
• Whether proper procedures were followed
• Whether the prosecution’s version of events holds up or whether there’s another reasonable explanation

Jury Instructions, Deliberations, and the Verdict

Once both sides have presented their cases, the judge gives the jury instructions, a set of legal guidelines explaining what the jury must consider and how to apply the law to the facts.

Then comes jury deliberations, the private process where jurors discuss the evidence, debate the facts, and work toward a verdict. No attorneys, no judge, no public. Just the jury.

In California criminal cases, the jury verdict must be a unanimous decision. All 12 jurors must agree to convict. If even one juror isn’t convinced, the jury is deadlocked, a hung jury, and the judge declares a mistrial.

Frequently Asked Questions About Juries in Criminal Cases

Here are some of the most common questions about juries.

Do All Criminal Cases Go to a Jury Trial?

No. Most criminal cases, including most DUI charges, are resolved through plea deals or bench trials. Jury trials are more common when the charges are serious felonies with significant potential sentences.

What’s the Difference Between a Grand Jury and a Trial Jury?

A grand jury decides whether there’s enough evidence to charge someone with a crime. A trial jury decides whether the defendant is actually guilty. They serve completely different functions in the judicial system.

Can I Be Convicted If One Juror Disagrees?

In California criminal cases, the verdict must be unanimous. All 12 jurors must agree to convict. If even one juror holds out, the result is a hung jury and a mistrial.

Can Jurors Use Social Media During a Trial?

No. Jurors are instructed not to research the case, discuss it online, or post about it on social media. Violating these instructions can result in a mistrial and potential consequences for the juror.

You Can Win Your DUI Case

Have you been charged with DUI? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation.