If no disposition is reached on your case, it will be set for trial. The form your trial takes will depend entirely upon the particular circumstances of your case. A well-prepared criminal defense lawyer will develop an overall theme to your case and call witnesses which support your innocence.
After the jury is seated, your criminal defense lawyer will argue whatever motions are required in order to secure you a fair trial. After those motions are heard, the trial will commence. The prosecution will give an opening statement. Your attorney can give an opening statement either at that time or reserve opening statement until after the prosecution’s case is over.
After the opening statement, the prosecution will present its evidence in the form of physical and scientific evidence and expert and lay witnesses. Your attorney will have the opportunity to cross examine each of those witnesses.
Once the prosecution rests its case, your criminal defense lawyer will put on your case, calling any helpful witnesses to the stand. These witnesses can include percipient witnesses who watched or viewed the event. After your attorney finishes his or her case, the prosecution has an opportunity to put on rebuttal evidence. Once all the evidence is closed, the prosecutor and your attorney will give a closing argument to the jury. Your criminal defense lawyer will focus on reasonable doubt and the facts of your case.
The jury will then retire to reach its decision. In most states, the jury must reach a unanimous decision. If they are deadlocked and cannot reach a decision, a mistrial will be declared by the judge and the process will then begins again.