Benjamin Eugene Cole Jr. was charged in Missoula County Justice Court with misdemeanor Partner or Family Member Assault (PFMA), second offense. He proceeded to a bench trial—where the judge, rather than a jury, decides the case—and was ultimately convicted. Cole later argued that the absence of a written waiver of his right to a jury trial invalidated his conviction.
The Montana Supreme Court, in State v. Cole, 2025 MT 18, rejected this argument and upheld Cole’s conviction. This outcome clarifies that, for misdemeanor offenses in Montana, a written jury-trial waiver is not legally required if the defendant otherwise knowingly, voluntarily, and intelligently waived the right to trial by jury.
The Significance of State v. Cole
Under Montana law:
- Felony Cases: Written jury-trial waivers are mandatory.
- Misdemeanor Cases: Oral consent in court can suffice; a written waiver is not required.
In Cole, the Supreme Court emphasized that while a written waiver is not mandatory for misdemeanor charges, the defendant must still knowingly, voluntarily, and intelligently waive the right to a jury trial. The Court found that Cole, who was repeatedly advised of his right to a jury, never objected to a bench trial, and participated fully in that trial, had done so effectively.
Key Takeaways for Defendants in Montana
- No Written Waiver Needed for Misdemeanors
If you are facing misdemeanor charges, you don’t have to sign a written waiver to proceed with a bench trial. The court’s record of your decision is sufficient—as long as it’s clear you understood your right to a jury trial and chose to waive it. - Know Your Rights and Raise Objections Early
If you want a jury trial, it’s crucial to speak up. Courts are reluctant to overturn convictions when a defendant never objected or requested a jury before or during trial. - Consult an Attorney
The decision between a jury trial and a bench trial can significantly impact the outcome of your case. An experienced Montana defense lawyer will help you understand the pros and cons of each option.
How Murnion Law Can Help
I practice criminal defense in Missoula, Kalispell, Hamilton, Helena, and throughout Western Montana. I can guide you through each step of your case—from understanding your charges and defenses to deciding whether a jury trial or bench trial is in your best interest.
Contact me today for an initial consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. I