Whya re some offenses brough to trial and others are not?

Question

I was arrested for shoplifting 8 years ago. I paid a fine, went to "shoplifting class" and the arrest was expunged. Why did I not get a jury to see over my trial.

Who determines when a jury is needed? Did I not get my due process because I wasn't judged by a panel of my peers?

Answer 1

You are only entitled to a jury trial, if there is a possibility of jail time as a punishment for your crime.

Petty shoplifting does not carry a penalty of jail time, and therefore no, you are not entitled to a jury trial.

You could have plead "not guilty" to the crime, but you would only have been entitled to a decision by a judge.

You are only entitled to a full jury trial if there is a possible loss of liberty as a result of your crime. (Grand theft, DUI 2+, felonies, etc....)

Answer 2

Tmess2 gives a pretty good explanation.
As for why you specifically did not go to trial, some of the others also explain well. - With a little confusion though.
In the US, a defendant has the right to a jury trial with the jury comprised of his peers IF he can be imprisoned when/if convicted. As Tmess2 explained, it appears you accepted a plea arrangement - probably with the understanding the arrest & conviction would be expunged after completing the shoplifting class. Had you chosen to plead not guilty & requested a jury trial, in CA you would have had a jury trial since petty theft carries a possible jail sentence. I do not know what the possible sentence is in your state.
The deciding factors who does or does not get a jury trial are:
1) Does the possible sentence include a jail sentence,
2) Does the defendant plead not guilty & request a jury trial.

Answer 3

The local district attorney ONLY has the power and authority to press a case. If the entity violated, in this case, the store shoplifted from...does not respond to a query from the district attorney's office on whether they want to follow thru with prosecution...the district attorney will usually drop the case as they figure the person "wronged", in this case the shop owner won't bother to shop up for trial.
IF a trial was initiated....i.e. if the district attorney prosecuted you for criminal liability...you would have the "right" to ask for a jouney of your peers. There are so many minor infractions that go across a district attorney's desk...they usually don't even bother with the small timers.

Note; ONLY the State, acting on behalf of it's citizens thru the local district attorney, can charge you with a crime.
If Bob, your next door neighbor steals your lawnmower..you have to call the cops, they file a report, and the district attorney looks over the case and decides what action..or inaction they are going to take. You can "press charges" but the DA can go in front of a judge, file a motion for an injunction against Bon requiring him to return your lawn mower and maybe fine him a hundred bucks (nominal damages) and that's about it.

For misdemeanors, usually ANY trial is rare...or short and simple. There simply are too many of these to try each and every one.

For a FELONY....rest assured, the felon WILL be in court.

I hope this helps.

Answer 4

Sounds to me like you were pretty lucky, to get out of that crime. You paid a fine, went to classes, and arrest was expunged.. And you wanted a jury trial.
Let me explain: you were arrested, you had a lawyer, the lawyer made a plea bargain, which got you a fine, classes and arrest was expunged, expunged meaning off your record. If you wanted a trial, which apparently you did not have because of the plea bargain, you had a right to claim, not guilty and ask for a jury trial, which your lawyer probably figured, if you were found guilty by a jury, then you would be going to jail for a while. Due process of the law, does not mean if you had a trial by jury or not, it means that you had your time in court, had a chance to plead guilty or not guilty, had opportunity to request a jury trial etc... your peers could have got you jail time. Who ever your lawyer was, did a good job for you in court. By the way, you got a fine, and had to go to classes, by the fine alone, makes you found guilty. I am wondering how you claim to have had the arrest expunged, guilty verdicts and fines, does not warrant a expunged record. If your case was dismissed, dropped etc, or found NOT guilty is reasons for being able to qualify for it being expunged.

Answer 5

The defendant decides if a jury is needed. Our judicial system is designed to allow 1-3% of all cases to go to jury trial (given the number of judges and courtroom and the number of cases). For that reason, the prosecutor typically makes a plea offer that (in the prosecutor's opinion) reflects the strength of the case, the seriousness of the offense, and the history of the defendant. The defendant then gets to choose whether to accept that plea offer, reject the offer and plead open to the court (throwing oneself on the mercy of the court), or go to trial.

If the defendant chooses to go to trial by jury, the only way that the State can avoid a jury trial is to dismiss the case. On the other hand, if the defendant truly wants and is willing to plead guilty, the State is not able to force a jury trial.

In your case, it seems like you agreed to accept a plea bargain.

Answer 6

If you confessed, they aren't going to take it to trial. By paying the fine, you admitted the crime. Since the arrest was expunged, you should be satisfied. You got your due process and a little luck thrown in. A "not guilty" plea could get you a trial, though and that is determined by a judge.

Answer 7

Well, it was shoplifting. I don't see the point of charging someone for shoplifting if he or she will return the item and pay a fine, maybe agree to sign an agreement to stay out of the store for a year. As for pot-smoking and prostitution, why would you arrest anyone for them? Why not go deal with gun-toting, mentally ill drug dealers with violent tendencies? Surely the police have better things to do with their time than hide out in a public bathroom in a park in L.A. to seduce George Michael into a voluntary (on both sides) act of sex?

Answer 8

It may be an issue of the seriousness of the offense. I'm not sure if misdemeanors merit a trial by jury. We can barely keep up with the jury trials for the felonies. How could we ever keep up with misdemeanor trials, too??

Answer 9

FIRST--WHY ARE YOU COMPLAINING----YOU DO NOT CLAIM TO BE INNOCENT. ANYWAY SHOPLIFTING IS A MISDEAMONER OFFENSE,SOMETHING LIKE GETTING A SPEEDING TICKET----UNLESS YOU ASK THE COURT FOR A TRIAL YOU PAY YOUR FINE AND GO ON YOUR WAY. IF YOU WANTED A TRIAL AT THE TIME YOU SHOULD HAVE REQUESTED ONE . THEN,OF COURSE, YOUR RECORD WOULD NOT HAVE BEEN EXPUNGED AND YOU WOULD HAVE IT FOR LIFE--AND THAT CAN REALLY SCREW THINGS UP...SO COUNT YOUR BLESSINGS

Answer 10

It depends on the crime. If you were charged with a misdemeanor offense usually you are only tried before a judge. Depending on the misdemeanor in some states, they also have juries.

The big difference usually is whether the offense carries with it time in jail! Anytime a persons freedom is involved usually changes the way it is handled!

Also, the same crime in different states are treated differently, both in how it is handled and the penalty for the crime!