Going to Trial

Moving along in our series on what to expect from the criminal process, if your charge(s) aren’t dismissed and you don’t plead guilty, your case will go to trial. This is scary but, if you’ve hired a good attorney, you won’t have to go through it alone. Below, we’ll look at some–though by no means all–of the ways your attorney can make the trial less… well, trying. We’ll start with how they can influence jury selection, then we’ll look at two important parts of arguing your case before the eventual jury.

Jury Selection

The main way your lawyer involves themself in jury selection is by selecting jurors for dismissal. This can be done in two ways: by using challenges for cause and by using peremptory challenges.

If your attorney uses a challenge for cause, they’re saying a certain potential juror doesn’t meet all the legal requirements that a juror has to meet. This involves making arguments to the judge to this effect.

If the judge rejects a challenge for cause–or if an attorney knows it’s not worth the trouble to try and use one–that attorney can still use one of a limited number of peremptory challenges. A peremptory challenge allows a lawyer to choose a juror to dismiss without giving a reason. 

Opening Statements

The trial will begin with opening statements. The prosecution will go first–because you’re presumed innocent at this stage, there’s nothing for the defense to say if the prosecution doesn’t assert that you’re guilty of something.

After the prosecution has made its opening statements, it’s the defense’s turn to do the same. Whereas the prosecution has the burden of proving your guilt, your defense lawyer’s job is only to show why the prosecution hasn’t proved it. Having instilled such doubt in the minds of the jurors (we hope), the trial moves to its next phase, where the prosecution presents its case comprehensively.

The Bulk of the Trial

The prosecution calls witnesses and presents evidence to the jury. Your lawyer’s job here is to cross-examine these witnesses, challenging their credibility and the validity of the evidence. This is a crucial part of the trial.

After the prosecution rests, it’s your lawyer’s turn to present your defense. They may call witnesses, including you, to testify on your behalf. They may also present other forms of evidence, such as surveillance footage or expert testimony, to support your defense.

Once both sides have presented their cases, they give closing arguments. Your lawyer will summarize the evidence and argue why it supports your innocence. They will remind the jury of any doubts or inconsistencies in the prosecution’s case and argue that these doubts should prevent a guilty verdict.

To Summarize

If we used a sports metaphor, we might say your defense attorney is the team’s general manager while you’re the owner. Because it’s your life, you have the right to plead guilty, assert your innocence, testify on your own behalf, etc. But your lawyer is the one with trial experience, giving you recommendations and overseeing your case as long as you keep them. 

If you’re staring a criminal charge in the face–especially if it’s getting close to trial–reach out to Verity Criminal Defense for a free case review. Everything makes more sense when you have a professional there to explain it and help navigate it.