Facing a December Court Date? Bench Trial vs Jury Trial Explained Before Year-End
December 19, 2025
If you’re staring down a December court date, you’re probably feeling the pressure—especially if your attorney is asking how you want to proceed: bench trial vs jury trial. Understanding the difference between these options before year‑end can affect not only the outcome of your case, but also how long your matter stays active into the new year.
This guide breaks down what is a bench trial, how jury trials work, and the key factors to weigh with your attorney before you make this important decision.
Important: This article is for general information only and is not legal advice. Always speak with an attorney about your specific case and local court rules.
What Is a Bench Trial?
If you’ve ever wondered, “What is a bench trial?”, you’re not alone. Many people only hear about jury trials on TV and don’t realize bench trials are even an option.
Bench Trial Defined
A bench trial is a trial where the judge decides both the facts and the law. There is no jury. The judge listens to the evidence, evaluates witness credibility, applies the law, and ultimately issues the verdict.
In a bench trial:
The judge is the fact-finder (decides what actually happened).
The judge is also the law-decider (applies the law to those facts).
The trial is often shorter and more procedurally streamlined than a jury trial.
Legal issues can be resolved more quickly, sometimes on the spot.
If you’re exploring different types of hearings you might face, you may also want to review how pretrial hearings and motions can shape what evidence is allowed at trial.
What Is a Jury Trial?
By contrast, jury trials are what most people picture when they think of “going to court.”
Jury Trial Defined
A jury trial is a trial where a group of citizens (the jury) serves as the fact-finder. The judge presides over the courtroom, rules on evidence and legal issues, and instructs the jury on the law, but the jury decides guilt (in criminal cases) or liability (in civil cases).
In a jury trial:
The jury decides the facts—who to believe and what actually happened.
The judge decides legal issues and explains the law to the jury.
The verdict must typically be unanimous in criminal cases, depending on your jurisdiction.
The process tends to be longer and more complex, involving jury selection (voir dire), jury instructions, and deliberations.
Choosing between bench trial vs jury trial is a strategic decision that you should make with your attorney. The right choice can vary depending on:
Whether your case is criminal or civil
The complexity of the legal issues
The facts and evidence involved
Your local court practices
Time pressure, especially if you’re aiming to resolve the case before year-end
Here are the major differences to understand.
1. Who Decides the Facts?
Bench Trial: The judge decides what happened.
Jury Trial: A jury of your peers decides what happened.
This distinction is crucial if your case turns heavily on credibility—for example, “he said, she said” situations or conflicting witness statements. Your attorney may believe a judge will better sort through technical or sensitive evidence than a jury.
2. Complexity of the Issues
Bench Trial: Often better when the case involves complex legal or technical issues, such as intricate contracts, detailed financial records, or nuanced constitutional questions.
Jury Trial: Sometimes preferred when your defense or claim relies on sympathy, common sense, or community values, rather than complex law.
If your case involves complicated legal concepts, your attorney might feel more confident presenting them directly to a judge who handles such issues daily.
3. Speed and Scheduling (Especially in December)
Bench Trial: Generally faster to schedule and complete, which can be important when your court date falls in December, and you want closure before the holidays or before the new year.
Jury Trial: Typically takes longer due to jury selection, more formal presentation of evidence, and jury deliberations. Courts also sometimes have more limited jury availability near holidays.
If resolving your case before year‑end is a priority—whether to avoid extended stress, probation issues, or pending background checks—ask your lawyer if a bench trial could reasonably be completed within the existing December time frame.
Bench Trial: Judges are experienced in filtering out emotional appeals and focusing on legally relevant evidence. This can help if the facts look bad at first glance but the law is strongly on your side.
Jury Trial: Juries can be more swayed by emotion—for better or worse. If photos, videos, or police reports paint a tough picture, your attorney may worry a jury could react more harshly than a seasoned judge.
On the other hand, if your story is compelling and your attorney believes that everyday people will relate to you, a jury might be your best audience.
5. Privacy and Publicity
Bench Trial: Can be quieter and feel less theatrical. There’s usually less public attention than a high-profile jury trial.
Jury Trial: Sometimes draws more public interest and can feel more intense, especially in sensitive cases.
If privacy or media attention is a concern, discuss with your lawyer how each option could affect visibility.
Pros and Cons of Bench Trials
Advantages of a Bench Trial
Faster resolution – often ideal when you have a December court date and limited court days before year-end.
Simplified procedures – less time spent on jury selection and instructions.
Judge’s legal expertise – helpful in technical or legally complex cases.
Less emotional sway – judges are trained to separate emotion from evidence.
Potential Drawbacks
No jury of your peers – you’re relying entirely on one person’s view.
Perception of bias – some defendants worry the judge may subconsciously favor law enforcement or the prosecution, depending on the jurisdiction.
Less sympathy appeal – if your case relies on humanizing your situation, a jury might be more receptive than a seasoned judge.
Pros and Cons of Jury Trials
Advantages of a Jury Trial
Community judgment – a cross‑section of the community evaluates your case.
Potential for sympathy – jurors may connect with your story or life circumstances.
Multiple perspectives – twelve minds considering the evidence instead of one.
Potential Drawbacks
Longer and more complex – especially difficult in December, when calendars are tight and holidays may affect scheduling.
Unpredictability – jurors bring their own experiences, biases, and emotional responses.
More public and stressful – the process can feel intimidating, from questioning during voir dire to being watched by a room full of strangers.
Special Considerations If Your Trial Is in December
Facing a December court date adds unique pressure to the bench trial vs jury trial decision. Here are some practical questions to consider with your attorney:
Can your case realistically be finished before year-end?
A bench trial might allow for a quicker start and finish.
A jury trial may risk spillover into January if time runs out.
Are there consequences to pushing into the new year?
Think about:
Employment or professional licensing applications
Travel plans or immigration issues
School enrollment or housing applications
Probation or bond conditions that could change with the calendar year
How busy is your local court in December?
Some courts reduce activity around the holidays; that may affect:
The availability of jurors
How many trial days are set aside
The court’s willingness to start a jury trial that might not finish
Are there pending plea negotiations or settlement talks?
In many cases, the decision between bench and jury becomes more urgent as a negotiation deadline approaches. Understanding your trial options now can help you evaluate any plea offers or settlement proposals more clearly.
How Do You Choose? Practical Steps Before Year-End
If you have a December court date and need to choose between a bench trial vs jury trial, here are steps to take right now:
Review the Evidence With Your Attorney
Ask which forum (judge or jury) is more likely to:
Understand the evidence
Be sympathetic to your situation
Apply the law fairly in your specific circumstances
Ask Directly: “If this were your case, what would you choose?”
Experienced attorneys often develop a feel for how local judges and juries respond to certain types of cases. Their insights about your specific judge or jury pool are invaluable.
Discuss Timing and Year-End Pressures
Make sure to talk through:
How many trial days your case might need
Whether court scheduling around the holidays affects your choice
Any personal or legal deadlines that make a December resolution important
Consider the Emotional Toll
A jury trial may be more dramatic and stressful; a bench trial may feel more controlled but more formal. Think about:
Your comfort with testifying in front of a jury vs just a judge
Your ability to handle a longer, more public process
Confirm Your Rights and Deadlines
In some jurisdictions, you must formally demand a jury trial by a certain deadline, or you may waive that right. Make sure you understand:
Any written waivers you’re being asked to sign
The exact deadline to choose bench trial vs jury trial
When You Should Lean Toward a Bench Trial
While every case is unique, defendants and plaintiffs often prefer a bench trial when:
The case turns on technical legal issues rather than emotional narratives.
The facts look bad at first glance, but the law strongly favors your position.
You want or need a faster resolution due to a December court date or other time-sensitive concerns.
Your attorney believes your assigned judge is fair and open-minded for your type of case.
When You Should Lean Toward a Jury Trial
You may want to lean toward a jury trial when:
Your defense or claim relies heavily on your credibility, character, or life story.
There are strong emotional or human factors that a group of peers may relate to.
The law is not clearly favorable, but the equities (fairness considerations) seem to be on your side.
Your attorney has concerns about the particular judge assigned to your case.
Final Thoughts: Don’t Wait to Ask Hard Questions
With a December court date, your window to decide bench trial vs jury trial may be short. Understanding what is a bench trial, how jury trials work, and how year-end timing affects your options will help you have a clear, productive conversation with your attorney.
Use this article as a checklist for that discussion:
Clarify who decides the facts—judge or jury.
Weigh speed and scheduling around the holidays.
Consider how emotion, complexity, and privacy affect your case.
Confirm all local deadlines for requesting or waiving a jury.
For more guidance on preparing for court, you can also review: