Trial

After the preliminary hearing and assuming that no plea negotiations or dismissal occurs, the next step in a criminal case is the trial. A trial is a scary experience in which the defendant places their future in the hands of 12 unknown individuals (if a jury trial) or in the judges hands (bench trial).

A trial has a number of different parts. First is a number of legal determinations, for example what evidence can and cannot be presented to the court, who are going to be witnesses, what jury instructions are going to be used, etc. The first part that you as a defendant will likely see is the jury selection. This is also called vior dire. Both the prosecution and the defense will ask a series of questions to determine if a particular juror can stay or if they will be dismissed from the jury pool. Once all the jurors are picked including any alternates the trial is ready to begin.

The prosecution is the first side to present the case. At this point all of the evidence that the prosecution has against you will be presented. The defense attorney will be able to cross-examine and attack the credibility of the various pieces of evidence or witnesses. After the prosecution rests their case the defense has the opportunity to present their case. Here the prosecution gets the chance to attack the credibility and evidence put forward by the defense.

Once the defense has finished their side of the story, both sides present their closing arguments. After this the jury is read the instructions and asked to make a determination on guilt. The jury will deliberate for however long it takes them to come to a conclusion. Of course the jury may be unable to come to a conclusion and a hung jury could be declared. Other possibilities include a mistrial for tapering with the jury or the juror misconduct. However, generally once the jury determines guilt or innocence the trial is over except for the sentencing. Depending if the trial was bifurcated (broken into two parts) the sentencing could occur right after the trial or a new trial could be held to determine the sentence.

Preliminary Hearing

The preliminary hearing is a chance for the prosecutor to demonstrate to the judge that there is a valid case. This means the prosecutor needs to show to the court that there is enough evidence and facts to support going forward with the case. The prosecution will generally present the victim as a witness and any arresting officers. If they have other information/evidence the prosecution will likely present it at this time as well.

The standard of proof for a preliminary hearing is much lower than the standard needed to prove guilt at trial (beyond a reasonable doubt). The prosecution need only show that there is probable cause that the defendant committed the alleged crime.

This is also a stage in which the defendant can attack the credibility or viability of the prosecutions case. The defendant is not able to present any witnesses or evidence in their favor at this point, but he or she can cross-examine the various witnesses presented by the prosecution.

There is a possibility at this point for the whole case to be over, if the prosecution is unable to meet their burden. The prosecution can dismiss the case with leave to file later or can dismiss the case completely. The other possibility is that the judge does not believe the prosecution has met their burden and the case can be dismissed by the judge. This is rare.

Negotiations

Negotiations are always part of a criminal proceeding. Negotiations can occur from day one to the last minute of the trial. A great deal of the negotiations depends on your attorney and their relationship with the prosecutor. Your counsel will do their best to get you the accused of on probation or on a lessor charge depending on what you have been charged with.

Generally you will get a better deal at the beginning of the trial because the prosecutor has not spent a great deal of time or energy on the prosecution and will likely be lenient. However the prosecutor may be just as willing to give a good deal depending on how the trial is proceeding. There is no easy way to tell which way the negotiations will go. Negotiations can be a long drawn out process or may be quick and simple depending on the charges and if you are willing to plead guilty or wish to take it to trial.

Generally the judge will accept the plea bargain agreed to by the prosecution and the defense. In some cases the judge will not accept the plea and will require the prosecution to take the case to trial.

Once you are arrested, what next?

Once you have been arrested, besides certain constitutional rights kicking in, what happens? Depending on the circumstances surrounding your arrest you might be subject to a curb-side line-up. This is when the police detain you at the place of arrest and bring the victim to you. The victim will then likely identify you as the suspect/perpetrator. Sadly, this line-up can be difficult to attack and is highly suggestive to the victim! If the police take you to a person who is arrested and has them sitting on the curb and asks you is this the person who did X to you; it is highly likely the victim is going to say yes.

If there is no curb-side line-up you will be taken to the local police station to be held until your arraignment hearing. This must happen within 72 hours, generally within 48 hours. Generally, it happens the next day unless you are arrested late on Friday or over the weekend and the Courts are closed. At the arraignment hearing, it is likely the public defender - unless counsel has been retained - will appear on your behalf to ask for your release on your own recognizance or for for a reduced bail. If bail is granted you must post bail before being able to leave. It is very important that you are honest with the bondsman and the information they request. If you are not allowed to post bail or the amount is too high you will remain in custody pending you suit. During the arraignment you will be asked to plead guilty, not guilty, no contest, remain mute.

There will be a second arraignment in which the prosecution will put forth evidence against you by calling forward witnesses. Your counsel will be able to cross examine the witnesses for the record. During this whole process, before arraignment and up to and through trial a negotiated plea may be reached between the defendant and the prosecutor. After the second arraignment a trial will occur. If you are found guilty during the trial a sentencing hearing will occur. This is when the judge will determine the amount punishment you must serve for breaking the law. After the sentence has been issued you can take it up on appeal.

Assuming you do not appeal you will serve your sentence. Once the sentence is served your case is over. Of course, one can always later appeal the findings or try and get your record expunged.