A bench trial is a trial where only the judge decides the facts and determines if the accused is guilty or innocent. A bench trial can only occur if the defendant and the prosecutor both waive the right to a jury trial.

A person should never waive his or her right to a jury trial unless he or she has consulted with his or her attorney and has identified a valid, strategic reason to waive a jury trial. A bench trial is essentially a jury of one. This means that the prosecutor only has to convince one person that a defendant is guilty beyond a reasonable doubt.