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.

Accessibility Considerations

When choosing between a Trial by Written Declaration and a Court Trial, individuals with various needs, including those with disabilities and mental health conditions, should consider the following accessibility options to ensure a smooth and fair process:

Trial by Written Declaration	Court Trial (Bench Trial)
Mobility Impairments: This option is highly accessible for those with limited mobility, as it eliminates the need to travel to the courthouse or attend in person.	Physical Accessibility: Courthouses are equipped with features such as wheelchair ramps, elevators, and accessible restrooms to accommodate individuals with mobility impairments.
Ease of Submission: All documents and evidence can be submitted electronically or by mail, accommodating individuals who may have difficulties with transportation or require flexible submission methods.	Communication Aids: Courts can provide sign language interpreters, assistive listening devices, and other necessary communication support upon request to ensure effective participation.
Environmental Control: Submitters can prepare their declarations in a comfortable and controlled environment, reducing the stress associated with traveling or navigating physical court spaces.	Service Animals: Individuals with disabilities are permitted to bring service animals into the courtroom, ensuring they have the necessary support during the trial.
Mental Health Considerations: For individuals with anxiety, PTSD, or other mental health conditions, a trial by written declaration can be less stressful since it does not require in-person appearances or direct interactions with court personnel.	Accessible Documentation: Courts can provide documents in alternative formats, such as large print or Braille, for those with visual impairments, ensuring all parties have equal access to information.
	Flexible Scheduling: Courts may offer flexible scheduling or extended time for individuals who need additional support or accommodations during the trial process.
	Mental Health Accommodations:
	- Closed Courtroom: In some cases, individuals with severe anxiety or PTSD may request a closed courtroom to reduce the stress of a public trial.
	- Additional Breaks: Courts can accommodate requests for more frequent breaks during the trial to help manage stress and anxiety.
	- Support Persons: Individuals may be allowed to have a support person present during the trial, such as a therapist or family member, to provide emotional support.
	- Pre-Trial Preparation: Courts can provide information and resources to help individuals prepare for the trial, including counseling services or stress management tips, to make the process less daunting.

By understanding and utilizing these accommodations, individuals with both physical disabilities and mental health conditions can effectively navigate the trial process, whether opting for a Trial by Written Declaration or a Court Trial, ensuring their rights and needs are adequately addressed.

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.