Trial By Jury:  Every defendant charged with a criminal offense has a constitutional right to have a trial before a jury of his peers.  Leading up to the trial, both sides of the case have usually extensively litigated what evidence can or cannot be presented to the jury at trial.

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Jury Selection:  The first step of a criminal trial is jury selection, also known as “voir dire.”  During jury selection, a panel of citizens is convened.  The prosecution and the defense each have the opportunity to ask potential jurors questions in order to identify possible biases or conflicts of interest.  A prospective juror may be dismissed for cause if their answers to the questions demonstrate that they may not be fair and impartial.  Each side also has a limited number of “peremptory challenges,” whereby they may strike a potential juror without having to identify the reason.  The goal is to select jurors who can objectively evaluate the evidence presented during the trial.  Jury selection is a crucial step in a criminal trial, as it determines who will hear the evidence in the case and make the decision as to a defendant’s guilt or innocence.  The jury selection process is designed to ensure that those selected to be on the jury can be fair and impartial when listening to the evidence in a case.

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Opening Arguments:  Once a jury is empaneled, each side may present opening statements summarizing what each side anticipates the evidence will show during the course of the trial.  The name “Opening Arguments” is a little bit of a misnomer, because you are not actually allowed to make any arguments during opening statements; you are only allowed to present your side’s version of what the evidence at trial will show.  Arguments to the jury are saved for the end of the trial during closing arguments.  From a defense perspective, opening argument is the first opportunity a defense attorney has to present the client’s “story of innocence.”  There is a saying in criminal defense that during a jury trial “the best story wins.”  Opening arguments lay the foundation for that story.  It is very important that opening arguments don’t “over-promise.”  Anything you say during opening arguments must actually come out at trial or else the jury is going to hold it against you that you promised something that never came to fruition.  As such, it is important to be very measured when making opening arguments.

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Prosecution Presents Its Case:  After opening arguments, the State presents its case.  The State has the burden of proving the defendant’s guilt beyond a reasonable doubt.  That means it must prove each element of each offense beyond a reasonable doubt.  To do this, the State can call witnesses and offer evidence to meet its burden of proof.  Witnesses can be fact witnesses or expert witnesses or both, depending on the issues involved in the case.  Witnesses are called to testify under oath.  Their credibility and reliability are often key factors in determining the outcome of a trial.  The defense has the opportunity to cross-examine each of the State’s witnesses to challenge their testimony, expose weaknesses in the case, and highlight any credibility issues.

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Defense Case:  The defense may choose to put on its own case by calling witnesses and presenting evidence.  However, it is important to note that the defense has zero burden of proof at trial (unless it relates to certain affirmative defenses like self-defense), and oftentimes the most effective way to attack the State’s case is through cross-examination of the State’s witnesses which highlight the weaknesses or problems with the State’s case.  The defendant also does not have to (and usually does not) testify at trial due to the 5th Amendment privilege against self-incrimination.

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Closing Arguments:  At the end of the trial, each side has the opportunity to present closing arguments.  During closings the purpose is to summarize the case and identify the flaws or weaknesses in the opponent’s arguments or evidence.

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Jury Instructions:  After closing arguments, the judge issues instructions to the jury (known as “the jury charge”).  These instructions are the rules the jurors have to follow when evaluating the evidence and making decisions about guilt or innocence. 

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Deliberations and Verdict:  Once the jury retires to the jury room, they are allowed to begin deliberations in the case.  Oftentimes jurors will take an initial count to see where everyone stands regarding guilt or innocence.  The jury verdict must be unanimous, meaning all 12 jurors must agree as to the verdict.  If the jury is not initially unanimous, they will continue to discuss the case together in an effort to reach a unanimous verdict.  These discussions or deliberations can take hours, days, or even weeks.  If the jury cannot come to a unanimous decision then the court declares a mistrial, and the prosecution must decide whether to retry the defendant another time, offer the defendant a better plea deal, or drop the charges altogether.  If the jury does reach a unanimous verdict then the defendant will either be found guilty of the charge(s) or not guilty.  If the defendant is found guilty then the next step in the proceedings is to have a sentencing hearing.  If the defendant is found not guilty then the charges are dismissed and the defendant can never be retried on those charges again, due to the prohibition against double jeopardy.

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Contact a New Jersey Trial Lawyer

for a Free Consultation

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At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.