In the event your case can not be resolved, the court will set a date for your trial. The normal method of trial in Criminal Court is a jury trial but your trial does not have to be in front of a jury. You and the state can waive or give up the right to a jury trial and try your case in front of a judge and let him or her decide your guilt or innocence. The right to a jury trial, however, may be one of the most important and fundamental rights afforded to us as citizens. That right should be waived only after careful and considered reflection on your part after many discussions with your lawyer.

A jury trial is where twelve (12) citizens of Knox County, after hearing the proof from the state and any proof that the defense puts forth, decides whether or not the state has proven, beyond a reasonable doubt, if you are innocent or guilty of the charges that have been brought against you.

You are entitled to a trial before a jury of your peers. Some clients get confused and believe that right means that they will be tried before twelve people just like them. While people can't be excluded from serving on a jury because of their age or religion or gender or race, a jury only need be a fair cross section of the community in which we live. For example, if the community in which you live has a minority population of 10%, only around 10% of the jury pool need be minorities.

Jury trials take a tremendous amount of preparation, preparation that is absolutely critical to a favorable resolution of your case. You will be required to work closely with your attorney in preparation for the trial.

A lawyer should prepare every case as if it is going to trial. However, not all cases proceed to trial. Most cases are concluded by way of plea negotiations. Your attorney, with your permission, will engage in plea negotiations with the prosecuting attorney in an effort to try and reach the most favorable settlement of your case possible. Ultimately, the decision is yours as to whether you want to accept any plea agreement. Your attorney should let you know his or her opinion as to the wisdom of accepting an offered plea agreement under the facts of your case. However, you are ultimately the one who must decide whether or not to accept a plea agreement.

Sometimes the state will approach your attorney with an offer to settle a case even though he or she never asked for an offer to settle the case. This may happen in your case even though you have not authorized your attorney to negotiate with the state. Once the state has made an offer to settle a case, your lawyer is ethically obligated to relay that offer to you.

That does not mean that your attorney is negotiating without your approval, and it does not mean that your attorney thinks you should accept that particular plea agreement. Your attorney is simply obligated to let you know what the state is offering on your case.

Your personal involvement is critical to the successful resolution of your case. Please help us work toward a good resolution in your case. Keep in touch with your lawyer. Please, schedule and attend all office appointments with your attorney. Let him or her know how to get in touch with you. Leave us current phone numbers, both yours and a family member's. Let us know where you are living. Often we will communicate with you by letter and may have a need to contact you on extremely short notice.

You and your case are important to us. Life can be difficult enough without a criminal conviction on your record. Please cooperate with your lawyer. We want to resolve your case in the best possible way.