Category Archives: Stipulation to Element of Offense

THERE ARE A FEW COMMON JUDICIAL MISTAKES THAT JUDGES TEND TO REPEAT YEAR AFTER YEAR, RESULTING IN A LARGE NUMBER OF APPEALS. ONE OF THE MOST COMMON OF THESE MISTAKES IS FAILURE TO OBTAIN A “PERSONAL WAIVER” OF THE RIGHT TO JURY TRIAL WHEN A DEFENDANT STIPULATES TO AN ELEMENT OF THE CHARGED OFFENSE.  A SIMPLE MISTAKE TO CORRECT!

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