The defendant has the right to remain silent and that silence cannot be used against him or her. For a jury trial for a misdemeanor case: The law says how soon a defendant charged with a misdemeanor must be brought to trial. See section of the Penal Code. If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later. If the defendant is not in custody at the arraignment, the trial must start within 45 days of arraignment or plea, whichever is later.
But even if the defendant waives time, the law says the trial must start within 10 days after the trial date is set.
It is very important for defendants to get advice from an attorney before they waive time. For a jury trial for a felony case: The law says how soon a defendant charged with a felony must be brought to trial.
The trial must start within 60 days of the arraignment on the Information. Before the trial starts, the lawyers choose a jury. Before the lawyers present evidence and witnesses, both sides have the right to give an opening statement about the case. During the trial, lawyers present evidence through witnesses who testify about what they saw or know.
After all the evidence is presented, the lawyers give their closing arguments. Finally, the jury decides if the defendant is guilty or not guilty. The jury must find the defendant guilty beyond a reasonable doubt. The defendant can never be tried again for the same crime. It simply means that the jury was not convinced that the defendant was guilty beyond a reasonable doubt. If a defendant was wrongfully arrested and charged, and he or she wants to get the arrest removed from her or his record, a hearing to determine the factual innocence of the defendant must be held in front of a judge.
It is often much harder to prove factual innocence, than to raise a reasonable doubt about guilt. If the defendant is found guilty, the defendant will be sentenced.
If you are found guilty after a trial, you have the right to an appeal process. There are many reasons for an appeal of a criminal case, but appeals are also very difficult, so talk to a lawyer to make sure you know what is best for you. And a fair trial starts with the selection of a fair jury. Choosing a Trial Jury The first step then of a criminal trial is to select the jury.
During jury selection, the judge, the prosecutor representing the government , and the defendant through his or her respective criminal defense attorney will screen potential jurors from a pool of jurors.
During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing. After questioning a jury is selected. While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom.
Fair Jurors for a Trial The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes.
Because of this, an unbiased jury must be assembled. The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process.
This means that a defendant through his or her attorney is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case. The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made. Trial Jury Pool Representative of the Community To pick a fair jury, attorneys will need to have options for jurors.
The jury pool also known as a venire is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion.
Examples of distinct community groups include: African-Americans Hispanics Asian-Americans Native Americans Women A jury pool will be selected randomly from all of these community groups. While it must not be an exact match of the community, it must representative of the community. For example:. Final Arguments Submissions are the final arguments that both you and the prosecutor make to the court. After all the evidence is presented above , you can now speak to the judge or jury to persuade them that you are not guilty.
Your arguments must be based on the evidence or lack of evidence presented during your trial—you cannot use new evidence. If you presented evidence for your case, you will make your Submissions first, and the prosecutor will go second. The Verdict The judge or jury decides if you are guilty after hearing all the evidence and the submissions. In most cases, it will take some time to decide the outcome of the case. When you hear the verdict, if you are not guilty acquitted , you can leave.
But if you are guilty convicted , then you must wait for the judge to sentence you. Guilty parties are held in custody until sentencing is determined and pronounced in court. Text Us.
How a Criminal Trial Works. To do that, the prosecutor has to show that: you committed the crime, and all the parts of the crime actually happened there are usually several parts to a crime , and you intended to commit the crime. No-evidence motion—if the prosecutor has no evidence on an element of the crime, you can ask the judge to dismiss that offence. But if the judge or jury do find you guilty, then you cannot re-open your case.
It is impossible to be sure what the judge or jury think, so it is a serious decision not to defend yourself. Defendants have the right to a trial by jury in many criminal cases, including all trials in the federal criminal system. A jury is usually empaneled just before the beginning of trial. The process of interviewing prospective jurors is known as voir dire. A prospective juror may be dismissed for cause if their answers during voir dire demonstrate that they may not be fair and impartial.
Challenges for cause are not easily won. Both the prosecutor and the defense may ask prospective jurors questions in order to identify possible biases or conflicts of interest. Each side may ask the court to strike prospective jurors for cause. See Batson v. Kentucky , U. Once a jury is empaneled, each side may present opening statements summarizing the case that it intends to present.
The state presents its case first. It can call witnesses and offer other evidence in order to meet its burden of proof. See Carlisle v.
United States , U. Since prosecutors have the burden of proving guilt, a defendant does not have to prove innocence. A defendant does, however, have the burden of proof for certain affirmative defenses, such as self-defense, entrapment, or insanity. Each side may make closing arguments once it has finished presenting evidence.
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