The Stages of a Criminal Defense Trial

To an outside observer, a trial may seem like a complex or even mysterious process. While trials do follow a multitude of rules and other formalities, the basic process is very easy to understand. Here is what will happen during a typical criminal trial.

Pretrial Motions

During pretrial motions, the judge will decide whether certain evidence may be legally used at trial. At this time, a criminal defense attorney will raise constitutional objections such as illegal searches or coerced confessions. Both sides may also argue that proposed evidence is either unnecessarily inflammatory or that it is irrelevant to the case. Pretrial motions determine the outcomes of many cases that hinge on a single key piece of evidence and routinely result in dismissals, reduced charges, or revised plea offers.

Jury Selection

Most trials are in front of a jury, and the jury pool initially includes dozens or even hundreds of potential jurors. During jury selection, both sides and the judge have the opportunity to present questions to potential jurors to determine whether they have any biases that might influence their decision making. The sides are often able to present their questions in a way that is designed to begin to influence the jury in their favor. The judge will excuse jurors who he determines cannot fairly try the case, and the two sides will also be able to challenge a limited number of jurors. When there are six to 12 jurors who no one has objected to, the jury will be seated and the trial will move forward.

Opening Statements

Opening statements are an opportunity for the lawyers to explain what they think the evidence in a case will show. They do not contain evidence, but are instead a lawyer’s chance to clearly explain their side’s version of the facts of the case. The prosecution is required to make an opening statement that covers how it will prove each element of the crime. The defense is not required to make an opening statement, but often will. Depending on the defense being used, the defense attorney may explain an affirmative defense, may point out weaknesses in the prosecution’s case, or simply ask the jury to keep an open mind.

The Prosecution’s Case

The prosecution has the burden of proof and therefore has the first opportunity to present evidence. Most evidence will be introduced by witness testimony. The prosecution will call a witness and question them in what is known as direct examination. The defense will then have the opportunity to cross examine the witness to point out inconsistencies or weaknesses in their testimony. If needed, both sides may have the opportunity to ask additional questions based on the answers the witness gave to the other side. Physical evidence may also be introduced during witness testimony or another legally permissible time during the prosecution’s case.

Motion for Judgment of Acquittal

When the prosecution rests, the defense always moves for a judgment of acquittal. In making the motion, the defense argues that even if all of the evidence is viewed in the light most favorable to the prosecution, the prosecution still hasn’t presented legally sufficient proof for the jury to be able to legally find the defendant guilty. This motion is rarely granted, but can help lay the grounds for an appeal if the defendant is convicted.

The Defense’s Case

The defense may then present a case in a manner similar to the prosecution. The defense is never required to put on any evidence, and often will not, but will instead rely on the fact that they don’t believe the prosecution has met the burden of proof. The defendant will also have the opportunity to testify on his own behalf during the defense’s case. The decision to testify is the defendant’s alone even if his attorney disagrees with him, and the judge will remind the defendant of this before he takes the stand.

Rebuttal

If the defense does put on evidence, the prosecution will have the opportunity to present additional evidence after the defense rests. This evidence must contradict evidence presented during the defense’s case. For example, the prosecution might call a witness to testify that an alibi witness was lying when they said they were with the defendant at the time of the alleged crime. The defense will then be able to rebut the rebuttal if desired, and this process will continue until both sides are satisfied the jury has heard all of the necessary evidence.

Summations

Summations are also called closing arguments because both sides have the opportunity to argue to the jury why it should find in their favor. The lawyers will summarize all of the evidence presented in the case and why it supports their theory. They will also show why evidence that harms their theory shouldn’t be believed. As with all other parts of a case, the prosecution must make a closing argument while the defense doesn’t have to do anything unless they want to.

Jury Deliberations

When closing arguments are completed, the defense will once again make a motion for a judgment of acquittal. This will usually be quickly denied and the case will be given to the jury. The jury will go back into the jury room with all of the evidence and discuss the case among themselves. Deliberations continue until the jury comes to unanimous agreement on a verdict for all of the crimes charged. If the jury says they cannot reach an agreement, the judge will typically instruct them to keep trying. However, if the jury still cannot reach an agreement after deliberations have continued for a while, a mistrial will be declared.

Verdict

If a jury does reach a verdict, they will return to the courtroom and the verdict will be read. If the defendant is found not guilty of all charges, they will be free to go and any bail money will be returned. If the defendant is found guilty of one or more charges, a sentencing date will be set. Depending on the severity of the crime they were convicted of and the potential sentence, the defendant may be held in custody until sentencing or be released until the sentencing date.