What is the first step in a criminal case?
Once a jury has been selected, the trial proceeds with the prosecution up first. The prosecutor gives their opening statements, then presents evidence against the defendant in the form of witness testimony, letters, photos, security videos, the weapon used, etc. 3. The Defense’s Case.
How does the trial process work in court?
step 1: pre-trial proceedings mini trial w/o jury where they go over evidence step 2: jury is selected defendant chooses judge or jury, jury is random ppl who aren't biased
When does the prosecution or plaintiff rest their case?
Once the prosecutor or plaintiff has presented all their evidence and witness testimony, and the defendant has had a chance to cross examine, the prosecution or plaintiff then rests their case. 3. Presenting the Defense's Evidence
What are the parts of a criminal trial?
The Trial 1 Opening Statements 2 Presenting the Prosecution/Plaintiff's Evidence 3 Presenting the Defense's Evidence. Evidence is used by the parties to prove or disprove unresolved issues in the case. ... 4 Closing Arguments 5 The Jury's Verdict. ...
What is the first step in a jury trial?
Typically the first step in any jury trial is the jury selection. During jury selection, the prosecution and your attorney receive information about the prospective jurors. The prospective jurors are questioned to determine whether they are capable of serving as jurors and whether they can arrive at an unbiased verdict.
What is the opening statement in a trial?
The opening statement is not an argument, but rather it is an opportunity for each side to explain to the jury what they anticipate the evidence in the trial is likely to show. It should also be noted that when it comes to the giving of an opening statement the prosecution will go first and then the defense will follow.
What is the pretrial stage of a criminal case?
Furthermore, the pretrial stage of any criminal case refers to everything that occurs from the time that an arrest, citation, or summons is issued until the selection of a jury, which initiates a trial. As such, the pretrial stage of any criminal prosecution consists of the bulk of any case. Additionally, there are many significant events ...
How do jurors begin their service?
Further, once the jury has been sworn in, the trial has officially begun and typically after receiving some preliminary instructions the jurors will begin their service by hearing opening statements from the prosecution and defense.
What are the major events that occur during the pretrial stage of a criminal case?
Additionally, there are many significant events that can occur during the pretrial stage of a criminal case including: First appearance. Determination of probable cause. Arraignment.
How many stages are there in a criminal case?
A criminal prosecution generally breaks out into three stages: pretrial, trial, and post-trial. Each stage may include multiple steps. On the other hand, some criminal prosecutions are much more streamlined. For example, if the prosecution and defendant reach a plea agreement and the court approves, there is no trial phase.
What is the best source of information about how any particular case is likely to proceed?
The best source of information about how any particular case is likely to proceed is an experienced local criminal defense lawyer. The criminal defense law firm of Lufrano Legal, P.A. has the knowledge and experience to address these anxiety-provoking questions and others including:
What happens after the prosecutor rests?
After the prosecutor rests, no more witnesses can be called to the stand or evidence introduced by the government. After the Government rests, the defense has the opportunity to present witnesses and evidence to the jury. The defense also has the option of not having the defendant testify.
What does the prosecutor do in a trial?
During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime (s ). The defendant, represented by an attorney, also tells his side of the story using witnesses and evidence. In a trial, the judge — the impartial person in charge of the trial — decides what evidence can be shown to the jury.
What is the process of cross examination and redirect?
This is called redirect examination. Once the process of direct examination, cross examination, and redirect of all the witnesses is complete, the prosecutor rests his case.
How many jurors are there in a trial?
Jurors are selected to listen to the facts of the case and to determine if the defendant committed the crime. Twelve jurors are selected randomly from the jury pool (also called the “venire”), a list of potential jurors compiled from voter registration records of people living in the Federal district.
Why do prosecutor make opening statements?
The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
Why do attorneys object to the wide range of the direct examination?
For example, a prosecutor or defense attorney may object to the wide range of the direct examination because it is beyond the knowledge of the witness, the attorney may be arguing with the witness rather than asking questions, or the witness may be talking about things irrelevant to the case. Common objections include:
How long does a witness examination last?
This is the prosecutor’s initial step in attempting to prove the case, and it can last from a few minutes to several days.
What happens when the prosecution rests?
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.
How many jurors are there in a trial?
When there are six to 12 jurors who no one has objected to, the jury will be seated and the trial will move forward.
What happens if the defense puts on evidence?
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.
What is the first opportunity to present evidence?
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.
What is a pretrial motion?
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 ...
Why are summations called closing arguments?
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.
How long can a person be held in custody?
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.
What is the next step in the criminal court process?
The next step of the criminal court process isdiscovery, the stage in which the state and the defense exchange evidence and other information. During this time, your attorney and the prosecutor may plea bargain. You offer to plead guilty in exchange for reduced charges or punishment.
What happens if the prosecutor can't settle a case?
If your attorney and the prosecutor can't reach a disposition, or settlement, of your case outside of court, your case will go to trial. Keep in mind that the cost of a trial can begreat.
What does it mean to be not guilty?
Assuming the jurors could reach a decision, the jury will return a verdict of not guilty or guilty. A not-guilty verdict means that you are acquitted of the crime and are free to go. A guilty verdict moves the proceedings into the sentencing phase.
What is an arrest warrant?
Your arrest warrant, if law enforcement authorities receiveone, is a document signed by a judge that allows officials to arrest you. The warrant will usually detail the crime you are accused of committing and specify also specify the bail you must post to be released. The bail the judge sets will depend on your crime's severity and your "flight risk," the likelihood you'll leave town.
What does "not guilty" mean in court?
Not guilty. You assert that you didn't commit the crime as charged. A not-guilty plea can also be a strategic decision to get a better plea bargain or force the case to trial if the state has shoddy evidence.
How long do you have to appeal a misdemeanor?
A higher court will review the decision and decide if the lower court erred. You have 30 days to appeal a misdemeanor conviction and 60 days to appeal a felony.
How long does it take for a judge to make an initial appearance?
The initial appearance usually happens within 48 hours after arrest and is very brief. During this initial hearing, the judge will explain the following to you:
What is the first step in a trial?
2. The Prosecution’s Case. Once a jury has been selected, the trial proceeds with the prosecution up first. The prosecutor gives their opening statements, then presents evidence against the defendant in the form of witness testimony, letters, photos, security videos, the weapon used, etc.
How long does a criminal trial last?
If the defendant pleads “not guilty” and a plea agreement cannot be reached, the case moves onto the trial phase of the criminal defense process. During the trial, a judge or jury reviews the case to determine whether they think the defendant is guilty or innocent. The trial phase can last anywhere from two months to two years depending on the complexity of the criminal case.
Why Hire an Experienced Criminal Defense Attorney?
We hope you found this general overview of the criminal defense process in Texas helpful. Keep in mind, however, that the process may vary from case to case and court to court. For this reason, it is imperative that you consult a high skilled and knowledgeable attorney who can give your case the best possible chance at success in each step of the process - from arrest and pretrial hearings to sentencing and appeals.
How long does the deliberation stage last?
Following the trial proceedings, the judge or jury comes together in private to decide whether or not they believe the defendant to be guilty “beyond all reasonable doubt.” The deliberation stage may last for minutes or weeks, and the final verdict is read to the defendant in court once a decision has been reached.
What happens during the pretrial process?
During the pretrial process is also when the defense lawyer may work out a deal with the prosecutor and police to prevent a trial by getting them to drop the case or having their client plead guilty to a less serious charge. A majority of federal and state criminal cases ( 90-95 percent) end during the pretrial process due to plea bargaining.
What happens if a defendant pleads guilty during an arraignment?
If a defendant pleads guilty during the arraignment, they skip straight to sentencing. The arraignment is also when bail and your next court appearance is set.
What is bail in criminal court?
Bail allows you the freedom to go home during the trial proceedings and the bail amount (an amount of money the court uses to ensure the defendant returns on his or her trial date) is set by the judge. Additional reading: THE CRIMINAL DEFENSE GUIDE TO BAIL & BONDS.
Who gets the final say in a burden of proof case?
burden of proof w/ the plaintiff, so they get the final say
What does "jury privately discusses case" mean?
jury privately discusses case; foreperson elected among them; unanimous verdict or judge declares mistrial, dismisses the jurors, begin new trial w/ new jurors if prosecution desires
What is step 7?
step 7: motions to dismiss or ask for a directed verdict
Why do you need to file a motion for a new trial after the trial is over?
It may surprise you, but many trial attorneys aren’t aware that in order to preserve some of the arguments made during trial, they need to file a motion for new trial after the trial is over, to give the trial court a chance to rule on them again.
What is a trial court?
From the point of view of an appellate court, a trial is a fast-moving free-for-all – where attorneys and judges make snap judgment after judgment, where everyone does the best they can in the moment. In short, trial court errors come thick as hail.
How to find out why you are appealing?
First, your appellate attorney will discuss your case with you and your trial attorney, to find out why you’re appealing. Often, litigants will know exactly why they want to appeal – but there might be other errors, lurking in the record, and it takes a knowledgeable appellate attorney to find them. That’s why an appellate attorney will review every page of the record on appeal and will read every line of every transcript.
Why is it important to contact an appellate attorney?
That’s not the only danger: trial attorneys unfamiliar with appellate practice may not know how to secure your appellate rights. This is why it’s so important to contact an appellate attorney as soon as you think you may need to appeal.
How to present a case to the appellate court?
To present your case to the appellate court, your appellate attorney will research and write an appellate brief. This is your only real chance to fully explain to the appellate court why the case should be reversed. If your argument is not included in the first brief, it generally won’t be considered.
What is the real argument in an appellate case?
Often, the real argument lies in whether these rulings were significant enough to warrant reversal, for example, whether they were outside the bounds of judicial discretion. This is where researching and persuasive writing skills come in to play. An appellate attorney will research and rely on statutes, constitutions, precedential case law, administrative rules – any appropriate source of law – to argue that the trial court reversibly erred. Often this requires arguing that your case is similar to another case that the appellate court reversed.
What is the most missed opportunity before an appeal?
Most of the major missed opportunities that occur before your appeal involve what is known as “preservation.”. It’s important to know that an appellate court will only consider arguments that were brought to the trial court’s attention.
Pretrial Stages of Criminal Prosecution
Depending on the case, the pretrial phase of criminal prosecution will begin with an arrest or the issuance of a citation or summons. Either scenario will result in the initiation of a criminal proceeding. Furthermore, the pretrial stage of any criminal case refers to everything that occurs from the time that an arrest, citation, or sum…
Steps in A Criminal Trial
- Typically the first step in any jury trial is the jury selection. During jury selection, the prosecution and your attorney receive information about the prospective jurors. The prospective jurors are questioned to determine whether they are capable of serving as jurors and whether they can arrive at an unbiased verdict. This process is called “voir dire.” IN State Court these questions are pose…
Post-Trial Proceedings
- If the defendant is convicted at trial, a sentencing hearing will generally be scheduled. At the sentencing hearing, both sides will have the opportunity to present evidence and arguments to the judge. If the defendant wants to continue to fight the charges and has grounds to do so, there are two possibilities: to file a motion for a new trial within 10 days or to file an appeal within 30 day…
Jury Selection
- At trial, one of the first things a prosecutor and defense attorney must do is the selection of jurors for the case. Jurors are selected to listen to the facts of the case and to determine if the defendant committed the crime. Twelve jurors are selected randomly from the jury pool (also called the “venire”), a list of potential jurors compiled from...
Opening Statements
- Opening statements allow the prosecutor and the defense attorney to briefly tell their account of the events. These statements usually are short like an outline and do not involve witnesses or evidence. The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
Presentment of Cases
- Witness Examination Following opening statements, the prosecutor begins direct examination of his first witness. This is the prosecutor’s initial step in attempting to prove the case, and it can last from a few minutes to several days. During direct examination, the prosecutor can introduce evidence such as a weapon or something from the crime scene. Following the prosecutor’s exa…
Jury Instructions
- Following the closing arguments, the judge “charges the jury,” or informs them of the appropriate law and of what they must do to reach a verdict.
Jury Deliberations & Announcement of The Verdict
- After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers. If the jury has a question on the law, they must write a note to the judge, which the judge will read in court with all parties present. In federal criminal trials, the jury …
Pretrial Motions
- During pretrial motions, the judge will decide whether certain evidence may be legally used at trial. At this time, a criminal defense attorneywill 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 cas...
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 …
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 t…
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 tes…
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 groun…
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 …
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. …
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 …
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 fo…
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 de…
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