Does The Defendant Have A Right To A Jury Trial?

An accused is guaranteed the right to a jury trial in serious crimes pursuant to the Sixth and Fourteenth Amendments to the United States Constitution and Article I, paragraph 9 of the New Jersey Constitution, as construed by the New Jersey Supreme Court. Duncan v. Louisiana, 391 U.S. 145, 159-161 (1968); State v. Hamm, 121 N.J. 109, 113-115 (1990), cert. denied, 499 U.S. 947 (1991). The line of demarcation between “petty” and “serious” offenses for purposes of determining whether the defendant has a right to a jury trial is that a “petty” offense carries a maximum authorized term of incarceration of not more than six months. Baldwin v. New York, 399 U.S. 66, 69-70 (1970).

In New Jersey, a jury trial is not required unless the maximum penalty to which the defendant is exposed exceeds six months’ incarceration and a $1,000 fine. In re Yengo, 84 N.J. 111, 121 (1980), cert. denied, 449 U.S. 1124 (1981); State v. Owens, 54 N.J. 153, 157-158 (1969), cert. denied, 396 U.S. 1021 (1970); In re: Buehrer, 50 N.J. 501, 517-519 (1967). Thus, there is no right to a jury trial for persons charged with disorderly persons offenses or petty disorderly persons offenses under the New Jersey Criminal Code. N.J.S.A. 2C:1-4b. In New Jersey, a person may be tried without a jury on related petty crimes, and may be sentenced to concurrent jail sentences, as long as none of the sentences, individually or when aggregated, exceeds six months. State v. Hamm, 121 N.J. at 112; State v. Owens, 54 N.J. at 163. The United States Supreme Court ruled that a defendant facing trial on two or more “petty offenses” is not entitled to a jury trial, even if they potentially could be incarcerated for more than six months in aggregate. Lewis v. United States, 518 U.S. 322, 116 S. Ct. 2163, 135 L.Ed.2d  590 (1996). However, even if the defendant, upon conviction, may be subject to a term of incarceration of six months or less, the statutory penalties and the term of incarceration may be so severe that they reflect a legislative determination that the offense is serious. Hence, there is a right to trial by jury. Blanton v. City of North Las Vegas, Nevada, 489 U.S. 538, 542-543, 545 (1989). A 10-year license suspension, a fine of $1,000, incarceration for 180 days, and up to 90 days of community service for a person convicted of a third offense of driving while intoxicated does not constitute a right to a jury trial. State v. Hamm, 121 N.J. at 123-127.