Is it permissible for a defendant to be represented by an attorney when requesting a jury trial, with the prosecutor's consent?

• A. No
• B. Yes
• C. Only for felonies
• D. Only with judge's permission

Answer: (B)

The most important idea here is that a defendant’s right to counsel and the right to a jury trial are independent of the prosecutor’s approval. A lawyer can and should accompany and represent the defendant when requesting a jury trial to protect rights and ensure the request is properly made. The decision to grant a jury trial rests with the court based on legal rights and the facts of the case, not on the prosecutor’s consent. The prosecutor may oppose, but that opposition doesn’t prevent the defendant from having counsel represent them in making the request. It isn’t limited to felonies nor does it require the judge’s permission just to have a lawyer present for the request.