In case that a defendant continues to plead not guilty after the preliminary hearings, the criminal trial is the next step of the legal system. You have to end bargain negotiations too, and if pre-trial motions have avoided the possibility of getting charges dismissed, the case will proceed to trial.
You should check Federal Criminal Appeals Law Firm in Miami so that you can see more detailed ways to protect yourself against the wrong verdict. But before we come to the verdict, it is vital to understand how the trial functions in the real world.
A panel of jurors will determine whether you’re guilty or not by using more facts and proofs than reasonable doubt. The most criminal cases tend to avoid trial stage, and they are resolved before that during the plea bargain or pre-trial motion stage.
Everything starts with jury selection, and in typical cases, there will be 12 jurors and two alternates, as well as dozens of potential jurors on the court. They will have to fill a small questionnaire submitted by both defense and prosecution.
Jurors will have to serve the jury and present hardship, and they will have to answer questions about their experiences and attitudes in previous cases and in case that they have to regulate. Some of them will be excused because they won’t meet the criteria for your case.
Both defense and prosecution will be able to question the potential jurors in the court so that they can determine their background and biases.
At the same time, each side can easily excuse the juror for the probable cause, and both sides will have to provide challenges that they have to use with the idea to excuse a juror.
The logical assumption is that both defense and prosecution will try to go for jurors that are more likely to agree on their side. The selection process is crucial because choosing the appropriate jurors could mean a difference between winning and losing the trial.
When both sides select jurors, the idea is to present a case and provide a specific view by using opening statements by both defense attorney and prosecution. For instance, in the USA, defendants are presumed innocent until proven guilty, so it is vital for the prosecution to prove the case with ease.
The opening statement of prosecution is first for, and he will outline the evidence against the defendant. The prosecution will provide a preview of plans as well as brief that will help them determine the process of proving the defendant guilty.
According to law, the defense does not have to make an opening statement or call witnesses because the prosecution has to prove the guilt due to the presumption of innocence. In some cases, the defense will wait until the prosecutor presents the entire case until the opening statement and the other side of the story.
If your defense attorney decides to make an opening statement, the idea is to present and poke hoes of the theory that prosecution features and to provide the best explanation possible that will affect the prosecution presentation in overall.
Evidence and Testimony
The main phase of a trial requires for both sides to present witnesses as well as additional evidence that will jury have to consider. Witnesses are a great way to create an appropriate foundation for making the evidence and admitting it.
For instance, the prosecution won’t be able to provide a gun as the deadly weapon and evidence, until he/she creates reasonable doubt by witness testimony that will explain that gun is relevant to the defendant.
In case that police officer testifies that defendant carried a weapon during his arrest, only then the gun will become the part of primary evidence.
As soon as prosecution decides to rest its case, the defense attorney will have to dismiss everything that the prosecutor stated and try to disprove the evidence as well as guilt beyond a reasonable doubt. In some cases, this will happen, but it is rare when you have in mind the reality of trials.
If the defense does not present witnesses because they think that it is not valid and successful to do it, the defense will still cross-examine prosecution witnesses and try to destroy the idea of defendant involvement.