Criminal Law – Trial

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.

In 
most jurisdictions, before trial commences, 
you and your attorney will have the opportunity
 to select a jury. This is the jury selection process.

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.

 

Leave a Comment

Your email address will not be published. Required fields are marked *