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The most important difference between bench trials and jury trials is the absence of the jury. According to Federal Criminal Procedure, a defendant is entitled to a jury trail unless he or she waives their right to a jury trial in writing and both the government and court approve and consent.

It is important to note that in some cases, even if the defendant does waive his right to a bench trial, the prosecution also has the right to present the case before a jury. This means the prosecutor must approve the waiver of a jury trial in order for a bench trial to be held.

Experienced attorneys weight both the advantages and disadvantages of the bench trial option with their client in order to determine whether this type of trail would be most advantageous for the client. Jury trials are most frequently viewed as the safer option; however, in situations where a case is based on technical arguments which only a judge is likely to understand, a bench trial may be more advantageous.