Fillable WAIVER OF JURY TRIAL IN THE COURT OF (Fifth Judicial District of Pennsylvania)

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WAIVER OF JURY TRIAL IN THE COURT OF (Fifth Judicial District of Pennsylvania)

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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
COMMONWEALTH OF PENNSYLVANIA
vs.
____________________________________
____________________________________
CC NO.__________________________
Charge(s):________________________
_________________________________
WAIVER OF JURY TRIAL
AND NOW comes _______________________ , the defendant, and pleads not guilty, and with the
consent of his attorney waives his/her right to a jury trial and elects to be tried by a judge without a jury.
___________________________________________
SIGNATURE DEFENDANT
_____________________________________________
SIGNATURE OF ATTORNEY FOR DEFENDANT
___________________________
DATE
___________________________
DATE
I, _______________________________ , the attorney for the Commonwealth, hereby waive the
Commonwealth’s right to a jury trial and elect to elect to have a judge try the case without
a jury.
_________________________________________________
SIGNATURE OF ATTORNEY FOR THE COMMONWEALTH
___________________________
DATE
The Court, having ascertained on the record that the Defendant knowingly and intelligently
waives his/her right to a jury trial, hereby does APPROVE DISAPPROVE this waiver.
___________________________________________
JUDGE
___________________________
DATE
8-13-2020
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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
CC NO. ._________________________
COMMONWEALTH OF PENNSYLVANIA )
vs )
)
)
___________________________________ )
EXPLANATION OF DEFENDANT’S RIGHTS
NON-JURY TRIAL
1. Do you understand that you are entitled, under the Constitution of the United States and
the Constitution of Pennsylvania, to a trial by jury on these charges?________________
2. Do you understand that you would participate, along with your attorney and the
district attorney assigned to prosecute your case, under supervision of this Court, in the selection of
that jury to be chosen from members of this community, that being Allegheny County?
_________________
3. You would have the right to challenge members of the jury panel. This means that you
would have the right to keep certain persons on the jury panel from being a member of the jury in
your case. You would have as many challenges for cause as the Court would approve. A challenge for
cause is some good reason why a member of that jury panel could not sit as a fair and impartial juror in
you case. You would also have (5 if misdemeanor, 7 if felony) peremptory challenges. A peremptory
challenge is one in which you do not have to give any reason at all to prevent a member of the jury
panel from being a member of the jury in your case. Do you understand this?______________
Initials ___________________
8-13-2020
4. Do you understand that all twelve members of the jury so selected would have to find
and vote for your guilt before you could be adjudicated guilty, that is, their verdict for your
conviction would have to be unanimous?__________________
5. Do you understand that in a non-jury or bench trial before a judge, the judge would sit as
a trier of fact, just as a jury does, bound by the same rules of evidence and therefore it would be the
judge rather that a jury who would decide whether you are guilty or not guilty from the evidence
presented in court?__________________
6. Do you understand that in a jury trial as in a non-jury trial before a judge, you would enter
the courtroom clothed with the presumption of innocence and that presumption would remain with
you until such time, if ever, that the jury should find you guilty?___________
7. Have you discussed with your attorney your intention to waive your constitutional right to
a trial by jury and proceed in what we call a non-jury or bench trial before a judge only, who will
decide your guilt or innocence from the evidence presented?_________________
8. Knowing all of this and having discussed your rights with your attorney, it is the Court’s un-
derstanding that you voluntarily wish to waive your constitutional right to a jury trial and proceed
to trial before a judge without a jury, is that correct?_______________
9. Do you completely understand these proceedings today? _______________
10. Have you ever had any physical or mental illness that would disturb your thinking in
any way whatsoever here today or affect the voluntariness of your waiver of rights to
a jury trial?_________________
11. Are you completely satisfied with the representation and legal advice of your
attorney?____________________
Initials _____________________
8-13-2020
12. Has anybody forced you, or attempted to force you, in your decision to waive your
constitu-tional right to a trial by jury? ______________
13. Has anybody promised you anything for waiving your constitutional right to a trial by
jury?___________________
14. Are there any further questions concerning your right to a jury trial, your waiver of
that right, or the charges against you, which you would like to ask of this Court?________________
Signature_____________________________
Defendant
As attorney for the defendant, I hereby certify that I have advised my client of his rights and of
the meaning of the questions contained in this form and it is my belief that the defendant understands
these rights and that it is his voluntary decision to proceed non-jury.
____________________________________
Attorney for Defendant
8-13-2020
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WAIVER OF JURY TRIAL IN THE COURT OF (Fifth Judicial District of Pennsylvania)

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Completed 16 May 2021

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