{"id":352110,"date":"2023-08-30T16:47:35","date_gmt":"2023-08-30T21:47:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/not-showing-up-for-jury-duty.html"},"modified":"2023-08-30T16:47:35","modified_gmt":"2023-08-30T21:47:35","slug":"not-showing-up-for-jury-duty","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/not-showing-up-for-jury-duty.html","title":{"rendered":"Not Showing Up for Jury Duty"},"content":{"rendered":"\n
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Not Showing Up for Jury Duty<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Skipping jury duty can lead to criminal penalties. You may be arrested if you refuse jury duty without getting the court’s permission. It is a crime against justice to ignore a court summons or lie to avoid serving as a juror.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

A jury duty notice is rarely received with great enthusiasm. It can feel like a burden, requiring time away from work or family. It interrupts your routine. However, jury duty<\/a> is a significant responsibility. <\/p>\r\n

If you fail to appear for jury duty and face criminal charges, you may want to talk to a defense lawyer<\/a>. People who skip jury duty often have no intention of committing a crime, but the potential penalties are still a reality.<\/p>\r\n

Is Jury Duty Mandatory?<\/h2>\r\n

Yes, you must usually fulfill the requirements of jury duty if the court selects you to serve. Yet, there are a few exceptions.  <\/p>\r\n

Jury duty is really your opportunity to oversee the work of the executive and judicial branches of your government. In addition to ruling on the facts of a case, your job involves evaluating the work of everyone involved. Jurors assess the conduct of law enforcement, the defendant, prosecutors, defense attorneys, and the justice system itself.<\/p>\r\n

When jury service causes a hardship<\/a>, such as interference with child care responsibilities, the court can excuse a juror. In such circumstances, jurors must follow the court-prescribed process. Simply failing to appear for jury duty is not a good idea. Not showing up for jury duty may result in serious penalties.<\/p>\r\n

The Jury Selection Process<\/h2>\r\n

Many people do not understand the jury system in the United States. Some citizens never get the call to serve. Others find a jury summons in their mailbox multiple times.<\/p>\r\n

Courts may tap jurors for service in criminal and civil cases alike. For purposes of this article, the focus will be on criminal cases.<\/p>\r\n

The right to a jury trial in a criminal case represents a key part of the American criminal justice system. The right applies to any offense for which conviction may result in a loss of liberty or the imposition of jail time. The right to a jury trial appears in the Sixth Amendment<\/a> of the U.S. Constitution. It guarantees a criminal defendant has the option to have an impartial jury of their peers<\/a> weigh and decide their guilt or innocence.<\/p>\r\n

Identifying Eligible Jurors<\/h3>\r\n

Whether in federal or state court, the juror selection process<\/a> begins with compiling an eligible juror list. In many jurisdictions, this list may be compiled annually. The list may come from the voter registration records of the county or court district that will hear the case. It may also come from a combined list of registered voters and people with driver’s licenses or state IDs from that area.<\/p>\r\n

In most courts, the selection of the names of prospective jurors comes from a random drawing from the eligible list. For example, say a defendant requests a jury trial on a felony case in the county. The court will use an eligible list that contains the registered voters for county residents. The court will then issue a jury summons for these potential jurors.<\/p>\r\n

Deciding the Type of Jury<\/h3>\r\n

The state and federal court systems utilize two types of juries: petit trial juries and grand juries<\/a>. They serve different functions. Courts task a petit jury with deciding a defendant’s fate at the end of a trial. But a grand jury’s role comes earlier, helping a prosecutor decide whether to file charges at all. Whereas the grand jury weighs in on whether to indict<\/a> a suspect, the petit jury usually determines guilt or innocence.<\/p>\r\n

The 12-person panel most people imagine when they think about a typical trial is a petit jury<\/a>. A grand jury<\/a> is typically larger, with 16 to 23 members on a typical federal grand jury. The court determines the size of the jury pool it needs based on what type of service or what kind of case it will hear.<\/p>\r\n

For example, the court may call a large jury pool to seat a grand jury. A grand jury hears evidence over a period of time from law enforcement investigations. It deliberates and decides whether there is probable cause to indict and issue felony charges in a variety of cases.<\/p>\r\n

In the alternative, the court may need to seat a petit jury. A petit jury hears and decides one criminal case. In a felony case, a petit jury has 12 jurors who must reach a unanimous verdict. At the trial’s end, the petit jury engages in jury deliberations to make findings of "guilty" or "not guilty."<\/p>\r\n

Sending the Jury Summons<\/h3>\r\n

The court issues the jury summons to order the prospective jurors to appear for selection. The jury summons is a court order. Once jurors appear, they may complete a questionnaire to aid in the selection process. In a petit jury situation, the court may call several jurors to appear before the attorneys and the judge for questioning. Through the "voir dire"<\/a> process, a final set of jurors will be selected to hear the case.<\/p>\r\n

If a prospective juror does not appear after the initial jury summons, the court may issue a second summons.<\/p>\r\n

In most jurisdictions, the court will set out minimum eligibility standards for jury service. These will include:<\/p>\r\n