Jury Trial: Defendants charged with a criminal violation are entitled to a jury trial. The jury is made up of 12 jurors in felony matters and 6 jurors in misdemeanor matters. The defendant may, in most cases, waive their right to a jury trial, however this waiver must be made in writing and in open court on the record. The trial judge must be satisfied that the waiver is voluntary, and the defendant must have enough information to pay due regard to the seriousness of the charge, potential penalties upon a conviction, and the advantages and disadvantages in waiving a jury trial. Prior to allowing the defendant to waive their right to a jury trial, the court must make extensive inquiries of the defendant as to the above issues. Merely being represented by an attorney, while important, is not enough for the court to permit a waiver of a jury trial. In a jury trial, the jury is the finder of fact and must decide guilt or innocence in accordance with the evidence admitted at trial and the instructions of the judge.