When do you want a jury trial in Maryland?

In Maryland, there are 12 jurors in criminal cases in the state court system. The defendant (but not the prosecution) has an absolute right to a jury trial in (1) all cases in the Circuit Court if the charge carries potential incarceration, and (2) any case in the District Court in which any charge carries potential incarceration of more than 90 days (the case is then transferred to the Circuit Court).

In Maryland, there are six jurors in civil cases in the state court system. Both sides are entitled to a jury trial if the case seeks money damages, such as a contract case or a personal injury case, but not in other kinds, such as a family law case, an injunction, a landlord-tenant case.

In the money damages cases, the right to a jury trial applies if the amount in controversy exceeds $10,000. Most attorneys prefer jury trials on the theory that a judge will more likely see the weaknesses in their case. This is particularly true for defense attorneys in criminal cases.

Source: Professor Byron L. Warnken, University of Baltimore School of Law and principal in Warnken, LLC, in Towson, Maryland;  

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