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Differences Between a Trial by Written Declaration and a Trial by Jury

When contesting a traffic ticket in California, you have the option to choose between a trial by written declaration and a court trial (in-person). However, it's important to note that traffic violations typically do not involve jury trials. Here are the key differences between a trial by written declaration and a trial by jury:

Trial by Written Declaration​

1. Process:​

  • Written Submission: You submit a written statement and any supporting evidence to the court. The officer who issued the ticket also submits a written statement.
  • No Court Appearance: You do not need to appear in court. Everything is handled through written documents.
  • Judge's Decision: A judge reviews both written statements and the evidence, then makes a decision. The decision is mailed to you.

2. Requirements:​

  • Form TR-205: You must fill out and submit Form TR-205 (Request for Trial by Written Declaration).
  • Bail Payment: You are required to deposit the bail amount when you submit your request.
  • Evidence: You can attach photographs, diagrams, witness statements, and other relevant documents to support your case.

3. Outcome:​

  • Refund of Bail: If the judge finds you not guilty or reduces the fine, the court will refund your bail amount.
  • No Personal Testimony: You waive your right to appear in person, testify, and cross-examine witnesses.

Trial by Jury​

1. Process:​

  • In-Person Appearance: You must appear in court for the trial. This involves presenting your case in front of a judge and possibly a jury, depending on the type of case.
  • Jury Selection: In a jury trial, a group of citizens is selected to hear the case and determine the verdict. However, for traffic violations, a jury trial is generally not an option; these cases are typically bench trials (decided by a judge).

2. Requirements:​

  • Court Procedures: You must follow court procedures, including presenting evidence, calling witnesses, and cross-examining the officer who issued the ticket.
  • Legal Representation: You have the right to hire an attorney to represent you during the trial.

3. Outcome:​

  • Judge or Jury Decision: In a jury trial, the jury decides the verdict based on the evidence presented. In a bench trial, the judge makes the decision.
  • Potential for Appeal: If you are found guilty, you may have the option to appeal the decision based on legal grounds.

Summary​

  • Trial by Written Declaration: Involves submitting written statements and evidence without appearing in court. The judge reviews the documents and makes a decision. This method is convenient and avoids court appearances but limits your ability to present oral testimony and cross-examine witnesses. For more information on the process, refer to how to contest a speeding ticket and what to include in a trial by written declaration.
  • Trial by Jury: Typically not available for traffic violations. For other cases, it involves appearing in court, presenting evidence, and having a jury decide the verdict. This method allows for a more comprehensive presentation of your case but requires more time and effort.

For traffic violations, the more relevant comparison is between a trial by written declaration and a court trial (bench trial), as jury trials are not commonly used for such cases. To understand the key differences and potential pitfalls, mistakes to avoid when filling the TR-205, and reasons for TR-205 to be rejected.