If you are charged with a felony you can decide if you want your case tried before a judge or jury. Most criminal cases are heard by a jury since most jurisdictions require unanimous jury verdicts (the prosecutor has to convince all 12 jurors of the defendants guilt – all it takes is reasonable doubt in the mind of one juror for a not guilty verdict). However, in some instances, there is good reason to waive the right to a jury and have the case tired before a judge.
Criminal Trial Process — How your lawyer can help
- help you decide whether you want your case tried before a judge or jury
- help you understand the trial process (the more our clients know the more they can help us make important trial decisions).
- plan an excellent defense strategy
- help you decide whether to plead guilty before trial (part of plea bargain) or go to trial.
Here is a summary of what commonly happens during a criminal trial:
- Defense and prosecution decide if it will be tried before a judge or jury.
- Jury is selected if it is a jury trial.
- Evidence issues are addressed
- Prosecution and then defense make opening statements
- Prosecution cross examines witnesses
- Defense cross examines prosecution witnesses
- Prosecution reexamines its witnesses
- Prosecution rests its case
- Defense sometimes makes a motion to dismiss
- Motion to dismiss denied (most always denied)
- Defense cross examines prosecution witnesses
- Prosecutor cross examines defense witnesses
- Defense reexamines defense witnesses
- Defense rests its case
- Prosecution rebuttal
- Instructions settled
- Prosecution closing arguments
- Defense closing arguments
- Jury is given instructions by the judge
- Jury deliberates to decide a verdict
- Motions after trial if there is a guilty verdict
- Posttrial motions denied
- Sentencing
Your lawyer can help you understand the process. This is just general information about the criminal trial process. We hope this is helpful.
