Trial:  

A defendant may request a trial by a jury consisting of six of their peers, or a bench trial.  The Trier of fact in a bench trial is a judge.  There are strategic reasons for each type of trial, and the defendant should discuss these options with an experienced attorney.    

A jury trial begins with voir dire.  Voir dire is the process of selecting jury members.  The prosecutor and the defense attorney will question potential jurors.  Both sides are looking for unbiased attentive jurors that will follow the law as instructed by the court.  Each party is allowed a limited number of preemptive challenges.  A preemptive challenge allows a party to strike a prospective juror relinquishing their duty to sit as a member of the jury.  Both sides have unlimited challenges for cause.  A challenge for cause is ripe when a potential juror refuses to disregard a bias or prejudice.  Finally, when the parties agree on a jury panel the trial will move forward.

The court instructs the attorneys to present an opening statement.  The opening statement is a summarization of the facts and evidence the jury can expect to review during the testimony.  When the opening statements are over the prosecution presents their case. 

The defendant is always presumed innocent throughout the trial.  The prosecution must prove beyond a reasonable doubt the defendant is guilty.  They attempt to overcome this burden by presenting testimony and evidence.  Again, the defendant is guaranteed the right to confront witnesses that testify against the defendant.  When the prosecutor is done questioning their witness the defense attorney is allowed to cross examine.  At the conclusion of the prosecutor’s case, the government will announce they rest. 

Now it is time for the defense to present testimony or evidence supporting the presumption of their client’s innocence.  However, there are instances when the prosecution does not present sufficient evidence to prove beyond a reasonable doubt the defendant’s guilt.  On these occasions the defense will rest, and both parties will proceed to closing argument. 

Closing argument allows both attorneys to connect the law and facts of the case supporting their positions.  At the conclusion of closing arguments the jurors begin their deliberations.  Finally, the jurors reach a decision and render a verdict.  The defendant always desires a two word verdict; NOT GUILTY.  If the jury returns a guilty verdict the defendant can expect a sentencing hearing in the near future.

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