Navigating the legal system can feel daunting, especially for those who have never experienced it. Educating yourself about the law is essential to have a clear idea of what to expect in a criminal trial. A criminal case starts with the prosecution presenting evidence that the defendant committed the crime. The next step is jury selection.
The Jury
The jury is a group of citizens sworn to consider evidence presented in court and decide facts related to the case. Hire the law firm near you. Ensure they understand how to select an impartial jury from the pool of potential jurors summoned to the courthouse. Throughout the jury selection process, the Judge and attorneys question potential jurors to ensure they are qualified to consider your case unbiased and fairly. Prospective jurors may be excused for several reasons. Your lawyer can use a limited number of “for cause” and peremptory strikes not tied to specific characteristics such as race, gender, or religion.
Following the conclusion of the cases by both parties, the Judge instructs the jury on how to evaluate the evidence and reach a decision. During this step, the Judge will give jury members suggestions on what evidence is relevant to the case and how the law applies. Defendants should openly communicate their feelings and concerns with their attorneys during this time.
The Judge
In criminal cases that don’t involve a jury, the Judge is the one who presides over the case and determines what evidence is admissible. They also decide which witnesses can testify and what objections are sustained or overruled. Following the prosecution’s and defense’s opening statements, the Judge will allow each side to summarize their main points in closing arguments. Then, the Judge will give a series of jury instructions that help jurors understand the law and the steps they must take to reach their verdict.
If you are found guilty after a trial, the Judge will impose penalties based on recommendations by both parties (if there was a jury trial) or on their own if it was a bench trial. Depending on the case, the Judge may schedule a sentencing hearing on the same day the trial ends, or it could be days, weeks, or even months later. Your attorney can discuss the possible sentence with you in advance so that you are prepared for what is to come.
The Prosecution
In a criminal trial, the prosecution is the legal representative tasked with making the case against a defendant. The prosecutor is often called a district attorney, county attorney, prosecuting attorney, state’s attorney, or city attorney in different jurisdictions. The prosecutor’s job is to convince the jury that the defendant committed the crime(s). It is achieved through witnesses and evidence presented by the prosecution. The defendant, represented by an attorney, can cross-examine these witnesses and present his or her evidence.
Prosecutors are required by law in the US to present any evidence that tends to disprove guilt or lessen the severity of the offense. These requirements are derived from the ABA Model Rules of Professional Conduct, appellate court decisions, and state or federal statutes. Adhering to the presumption of innocence until proven guilty is another prosecution obligation. For this reason, it is essential to have open and honest communication with the defense attorney.
The Defense
A criminal defense lawyer will rely on experience and ingenuity to examine every source of evidence that may help their client. It often includes the review of physical evidence, digital records, and witness testimonies. They will sift through this information to discern inconsistencies and gaps, which could be used to challenge or affirm the prosecution’s narrative. They may also present factual and legal defenses, such as self-defense or actions taken under duress. They can also challenge the way police collect and analyze evidence, which could lead to a dismissal of the case altogether.
When a trial is set, the attorneys will work to recruit potential jurors. These prospective jurors are then summoned to the courthouse for jury selection, where the prosecution and defense lawyers question their backgrounds and preferences to select the members of your trial’s jury. Alternatively, you can waive your right to a jury trial, and the Judge will decide guilt or innocence without the benefit of the collective opinion of the jury.