Misdemeanor Cases – Filing a Jury Demand in Utah
Failing to file a written demand for jury trial in a class B or class C misdemeanor case in Utah can lead to having your case determined by only a judge in a bench trial.
The Sixth Amendment states clearly, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury….” Yet, the United States Supreme Court has consistently held that the right to trial by jury does not attach to so-called “petty offenses.” The Court has further explained that no offense can be deemed “petty” if it is punishable by imprisonment longer than sixth months.
Utah Rules of Criminal Procedure – Rule 17
Utah’s Rule 17 states that “[a]ll felony cases shall be tried by jury unless the defendant waives a jury in open court.” It further states that “[a]ll other cases shall be tried without a jury” unless written demand for a jury is filed by the Defendant.
A single class B misdemeanor is punishable by no more than 180 days jail (just a few days short of “six months”). But a class A misdemeanor is punishable by up to 364 days jail — significantly longer than six months. Utah’s Rule 17 appears, therefore, to be in conflict with the United States Constitution.
For practical purposes, most judges will not argue with the defense about allowing a jury trial in a class A misdemeanor case. Most judges will recognize the conflict, and the power of the Constitution to override a procedural rule.
But filing a written demand “just in case” is still a good idea.
Do consecutive sentences matter?
Utah law allows a judge to impose consecutive jail sentences when a person is convicted of more than one crime (charge or count) either in one case, or between two or more cases. Thus, a 180-day maximum jail sentence for a single class B misdemeanor can become a 360-day jail term if the judge orders both sentences to run consecutively.
Supreme Court precedent, however, still treats each individual class B misdemeanor as being a “petty” offense. Even though the total term of imprisonment could exceed six months, courts will look at the maximum penalty for each individual charge.