Florida Statutes
Fla. Stat. § 918.0157 (2025)
Right to trial by jury.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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918.0157 Right to trial by jury.—In each prosecution for a violation of a state law or a municipal or county ordinance punishable by imprisonment, the defendant shall have, upon demand, the right to a trial by an impartial jury in the county where the offense was committed, except as to any such prosecution for a violation punishable for a term of imprisonment of 6 months or less, if at the time the case is set for trial the court announces that in the event of conviction of the crime as charged or of any lesser included offense a sentence of imprisonment will not be imposed and the defendant will not be adjudicated guilty, unless a right to trial by jury for such offense is guaranteed under the State or Federal Constitution.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1996–2026 · leading case: State v. James Denelsbeck(075170), 137 A.3d 462 (N.J. 2016).
State v. James Denelsbeck(075170), 137 A.3d 462 (N.J. 2016). “Florida provides that, “[i]n each prosecution for a violation of a state law or a municipal or county ordinance punishable by imprisonment, the defendant shall have, upon demand, the right to a trial by an impartial jury[,]” Fla. Stat. § 918.0157 , and authorizes up to six…”
Harris v. State, 773 So. 2d 627 (Fla. 4th DCA 2000). “In addition, section 918.0157 provides that a defendant is entitled to a jury trial "except as to any such prosecution for a violation punishable for a term of imprisonment of 6 months or less, if at the time the case is set for trial the court announces that in the event of…”
Weber v. City of Fort Lauderdale, 675 So. 2d 696 (Fla. 4th DCA 1996). “The circuit court reasoned that because the concept of withholding adjudication was a concept "alien to common law," section 918.0157, Florida Statutes (1993), which sets forth the procedures by which a court may try a criminal offense nonjury, supplanted common law rights.”
Blankenbaker v. State, 744 So. 2d 573 (Fla. 2d DCA 1999). “Based on that order, and in accordance with section 918.0157, Florida Statutes (1997), the county court held a nonjury trial.”
Caleb Jean-Charles v. State of Florida (Fla. 3d DCA 2026). “See § 918.0157, Fla. Stat.; cf. Barrett v. State, 421 So.”
Robert Innis Barrett v. State of Florida (Fla. 3d DCA 2025). “1 See § 918.0157, Fla. Stat. Under the unique circumstances presented here, we hold that the omission does not rise to the level of fundamental error.”
State v. James Denelsbeck(075170) (N.J. 2016). “Florida provides that, “[i]n each prosecution for a violation of a state law or a municipal or county ordinance punishable by imprisonment, the defendant shall have, upon demand, the right to a trial by an impartial jury[,]” Fla. Stat. § 918.0157 , and authorizes up to six…”
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