What to Expect at Trial

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WHAT TO EXPECT AT TRIAL

Now that your case has been set for trial, you may be wondering what happens next? How does a criminal trial work? Regardless of the specific crimes with which you are charged, your trial will unfold in stages. Here is a brief overview of the usual order of the proceedings:

JURY SELECTION

Jury selection is the first stage. On the day your trial is scheduled to begin, a group of prospective jurors will be summoned to the courthouse. From this group (called a “venire”), the prosecutor and your defense lawyer will select the jurors who will decide your case. This is accomplished through a process called “voir dire,” in which the judge and/or the lawyers question the prospective jurors, and then the lawyers decide whether to keep the individual or to “strike” from jury.

Both your defense lawyer and the prosecutor have an unlimited number of “for cause” strikes. That is, the parties can strike any juror who cannot be fair and impartial and decide the case on the law and evidence presented in court. In addition, both sides have a limited number of “peremptory” strikes. These are, essentially, strikes for “no cause”; the party challenging the juror does not have to give a reason for exercising a peremptory strike. However, neither the prosecutor nor your defense lawyer may exercise a peremptory strike on the basis of a juror’s race, gender, ethnicity or religion.

There is no such thing as a perfect jury, but your lawyer’s goal will be to weed out “bad jurors” (those individuals whose biases are harmful to your case and whose beliefs are so entrenched they could not deliver an impartial verdict) and to keep “good” jurors (those who will champion your cause during deliberations). To learn about the jurors, the judge and/or the lawyer will ask questions about, for example:

• Beliefs in the credibility of police officers.
• Attitudes toward victims’ rights and memberships in any such organizations.
• Attitudes towards particular defenses or personal experiences that might bear on them, such as misidentification (e.g., “Have you ever had the experience of waving at someone you thought you knew, and then realizing it was the wrong person?”).
• Reactions to a defendant’s decision not to testify.
• Prior jury service.
• Case-specific issues, e.g., in a gun case, attitudes toward firearms; in a drug case, attitudes toward addiction and personal experiences with family members and friends who have had drug problems.

OPENING STATEMENTS

Once a jury has been selected and sworn to serve, the parties will proceed with opening statements. Opening statements allow both the prosecution and the defense to tell the jury what they expect the evidence to show. The prosecutor will go first, and then your defense lawyer will give an opening statement on your behalf. This is your lawyer’s first opportunity to explain your side of the story and to shape the jury’s perception of the evidence. A smart defense lawyer will use the opening statement to undermine the credibility of the government’s witnesses before they take the stand, to change the jurors’ perception of the case, and to give them reason to distrust the prosecutor.

PROSECUTION’S CASE-IN-CHIEF

The next phase of the trial is the state’s case-in-chief. This is the phase of the trial during which the state will call witnesses and present its evidence against you. Individuals with relevant information will be called to the stand and sworn to tell the truth under penalty of perjury. The prosecutor will ask the witness open-ended questions (e.g., “Tell the jurors what you saw …”), and the witnesses respond. This is called direct examination.

When the prosecutor has finished questioning a witness, your defense lawyer will have an opportunity to question the witness on “cross-examination.” Cross-examination is your defense lawyer’s opportunity to point out the holes in the prosecution witness’ testimony and to challenge the witness’ credibility. The goal of cross-examination is to raise a reasonable doubt as to your guilt in the minds of the jurors.

When your defense lawyer has finished his cross-examination of a witness, the prosecution will have one last opportunity to ask follow-up questions to try to bolster the witness’ testimony. This is called “rebuttal.” This process of direct examination, followed by cross-examination, followed by rebuttal will occur with every witness called to the stand.

Once the state has finished calling witnesses and presenting its evidence, the state will “rest.”

DEFENSE CASE

When the state “rests,” it is your lawyer’s turn to present your defense. Your lawyer may or may not call witnesses to testify on your behalf. You may testify in your defense or you may choose to exercise your right to remain silent. This is a tactical decision you and your defense lawyer will make together. The bottom line is this: You do not have to prove your innocence; the prosecution must prove your guilt beyond a reasonable doubt. At the conclusion of the defense case, your lawyer will “rest.”

If you have any questions about “What to Expect at Trial”, please contact us today. We are available 24/7.

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