What happens at a trial?
At a trial the prosecution tries to prove the defendant is guilty. A defendant is presumed to be innocent and the prosecution must prove guilt beyond a reasonable doubt before a defendant can be found guilty. A jury ,or a judge if the defendant waives the right to a jury, decides if the prosecution has met this burden of proof. The prosecution must present evidence in the form of testimony and/or physical evidence. The defendant’s attorney will be able to cross-examine the prosecution’s witnesses and may also present favorable testimony and physical evidence on the defendant’s behalf. Skill, experience and preparation by the defense attorney are critical to challenging the prosecution’s case.
. The defendant may plead guilty as charged, or to a lesser offense. A plea bargain is first discussed with the victim or the victims family prior to the prosecutor making any final agreements with the defense attorney. If there is no plea, then the case will go to trial. In a trial, the prosecutor presents the case for the State. The defendant may present evidence through an attorney. It is the defendant’s choice whether the judge or a twelve person jury decides the case. The victim, as well as any witnesses who testify, will be subject to cross-examination. The case must come to trial within 90 days of the defendants arrest if the defendant is in jail. A case may also be continued if approved by the judge.
First the attorneys address any legal issues that may need to be dealt with prior to picking a jury. Then the jury is selected. This process can last several hours and sometimes days. Depending on the type of case it is, each attorney is generally given the opportunity to reject 10 of the prospective jurors. Once a jury is chosen, the attorneys make their opening statements. This is where they tell the jury what evidence they will hear and see. The district attorney then puts on their witnesses. The defense attorney is given the opportunity to cross-examine, or question each witness. Once the district attorney has presented their case in chief, the defense presents their witnesses and evidence. The district attorney also has the opportunity to cross examine these witnesses and sometimes presents rebuttal witnesses. Once all of the evidence is presented, the attorneys make their closing arguments. The judge then reads the jury instructions and the jury retires to the jury room to delibe
At a court trial, the parties to the trial are allowed an opportunity to present argument, witnesses, and evidence to the court in order to support their respective legal position to determine a case or controversy. A trial court hears the evidence presented by both a moving party and a responding party to determine the case or controversy. Generally the parties are allowed an opening argument, then are allowed an opportunity to present witnesses and evidence to the court, and then a closing argument. There are different types of trials depending on the legal issue before the court. For example, a criminal trial for criminal court cases, civil trials for civil cases, family law trials for family law cases, and so forth. At the trial stage of the judicial proceedings, the evidence will be heard by either a judge or a jury. Generally speaking, in criminal cases both the defendant and the prosecution have the right to a Jury Trial. In most civil cases you have the right to either a bench trial or a jury trial. A bench trial is when a judge hears the evidence and makes a ruling on the case or controversy. In a jury trial, 12 members of the community hear the evidence and argument and make a judicial determination based on the evidence and argument presented regarding the case or-controversy.
