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Misdemeanors: Trial By Tony Comunale, Esq  Should your case not resolve during the pretrial conference or subsequent pretrial litigation, a trial will become necessary. The first important decision you must make with your attorney is whether or not the case should be tried to a jury or to the judge. While in felony cases the vast majority of criminal trials are tried to a jury, in misdemeanor cases it is more common to try the case directly to judge. This is generally so because misdemeanor cases involve less evidence and less time. The decision to try a case to a jury or a judge is an extremely important one. You should assure yourself that your attorney has a general familiarity with the judge in question and knows how he is inclined to rule on legal issues. Unlike felony cases if the matter proceeds to a jury trial eight rather than twelve citizens will be chosen sit as jurors. The procedure after that is identical to a felony case in that there is jury selection, opening statements, the prosecutor's case, the defense case, rebuttal, and closing arguments. On to
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