Trial

A criminal trial begins when the suspect is arrested for allegedly committing a crime or formal charges are filed for an arrest warrant. By law, a criminal suspect must have official charges brought against him within the first 48 hours for the criminal trial to continue. If charges cannot be brought, the suspect must be released from detention. During this part of a criminal trial process, the suspect must be read his rights, including the right to remain silent, the right to a fair and speedy criminal trial by a jury of peers, the right to legal counsel, and other rights guaranteed by the Constitution.

.The prosecution is the legal counsel which represents the people of the state or the nation (depending on whether it is a state or federal case). The district attorney is the party who determines what charges to file against a suspect. S/he will also have the burden of proving beyond reasonable doubt that the defendant in a criminal trial is guilty of those charges. One of the keystone features of American law is the fact that all criminal suspects are innocent until proven guilty.

In a felony criminal case, a grand jury may be convened in the beginning of the criminal trial process. During this phase of the process, the prosecutor will present the grand jury with the preliminary facts of the case in order to determine if there is enough evidence to file official charges against a criminal suspect. If the grand jury decides there is enough evidence to prosecute, official charges will be brought against the defendant at an arraignment hearing.

The defendant in a criminal trial will be asked if s/he understands the charges and how s/he chooses to plead. There are generally three plea options in a criminal trial: not guilty, guilty, and no contest. A no contest plea means that you do not admit fault but you accept punishment for the charges. This plea can be beneficial in a subsequent civil trial. This is also the point in the criminal trial process where plea bargaining can take place. In 95 percent of all criminal cases, the defendant pleas guilty or no contest within a plea bargain and the case never actually goes to trial before a judge or jury.

If the case does go to trial, the defendant has the right to call witnesses in his defense. S/he also has the legal right to be confronted with all the witnesses against him. In most cases the defendant in a criminal case has a right to a jury trial, though there are some exceptions to this rule. The jury selection process is known as the “voir dire” process of the criminal trial. The jury will hear all the facts of the case presented by both sides and will deliberate at the conclusion of this part of the trial to decide whether they will find the defendant guilty or not guilty.

If a guilty verdict is delivered, the next step of the criminal trial will involve sentencing. A criminal conviction can result in incarceration, fines, community service, restitution, probation, and much more. If the defendant is dissatisfied with the outcome they may have the right to appeal the criminal trial. If you are involved in a criminal trial you need an experienced and aggressive attorney on your side. Please contact us to speak with a qualified attorney in your area.