Trial

The trial begins with the selection of a jury. A defendant only has the right to a jury trial for “A” Misdemeanors and all Felonies. The presiding judge decides cases involving “B” Misdemeanors and Violations.

In jury trials, six jurors are needed for a misdemeanor case and twelve jurors for a felony trial. Jury selection is a critical phase of the trial. The defense attorney attempts to determine the background of prospective jurors and seeks to sensitize the jury about the themes of the defense version of the case.

Once a jury is selected and sworn, both sides are afforded an opportunity to present an opening statement. An opening statement is not argument. No evidence has yet been presented. The opening statement tells the jury what evidence will be presented to them. The defense will seek to alert the jury to pitfalls in the government’s case. The defense counsel will ask the jury to pay particular attention to that aspect of the case.

The prosecution has the burden of proof in the case. The defendant has no obligation to present evidence. The defendant must be found guilty beyond a reasonable doubt. This is a very high standard and the jury must hold the government to their burden. The prosecution puts on their case in chief first.

The government will call witnesses and offer items into evidence for the jury to consider. The defense is allowed to cross-examine all government witnesses and challenge any statements or evidence that is presented.

Once the prosecution completes their case, the defense may put on their own case. The defense can call their own witnesses and present other evidence for the jury to consider.

At the close of the case, both sides are afforded an opportunity to make a closing argument. This is the last chance for the defense to emphasize the weaknesses of the case and the reasons why the jury must return a verdict of not guilty.

At the end of the closing arguments, the judge instructs the jury on the law they must apply in their deliberations. The jury then adjourns to deliberate.