§ 6.1 JURY

• Jurisdiction: Arizona

§ 6.1 JURY

§ 6.1.1 Right to Jury Trial

A.R.S. § 28-1381 (F) requires courts to inform the defendant at arraignment that the defendant may request a trial by jury. If the defendant does request a trial by jury, a court shall grant it.

Phoenix City Prosecutor's Office v. Ybarra, 218 Ariz. 232, 182 P.3d 1166 (2008)

Nothing in A.R.S. § 28-1381(F), either explicitly or implicitly, evidences an intent of the legislature to abrogate § 13-3983 and single out misdemeanor DUI cases brought under § 28-1381 as according a defendant a unilateral right to demand and receive a bench trial. Instead, § 13-3983 requires that in all criminal cases the right to a bench trial is conditioned on the prosecution's consent. Thus, that statute requires the prosecution's agreement before the court may grant a defendant's request for a bench trial in a misdemeanor DUI case.

Manic v. Dawes, 213 Ariz. 252, 141 P.3d 732 (App. Div. 2, 2006)

Generally, waiver of a jury trial does not occur by default, but must be made...