All About Trials
HOW DO I GET A TRIAL IN MY CASE?
A jury trial is your right.
One of the rights afforded to you under the Constitution is the right to a fair and speedy trial by a jury of your peers. Because this is your right, you and only you can decide whether or not you want to resolve your case by way of a jury trial. Your attorney is there to help advise you in making that decision, and of course to handle that trial for you as your counsel.
There are two types of trials.
Most people are aware of jury trials, but you can also elect to resolve your case by a bench trial. A bench trial is a trial where only the judge is the decision maker and there is no jury. Someone may opt for this type of trial when the arguments in their favor are purely questions of law or legal loopholes that they think a judge may better understand than a jury. Most people choose to have a jury trial. It is up to you to decide on what is best for your case with the guidance of your attorney.
Should I take my case to trial?
This is a complex question, and the answer to it completely depends upon the facts and evidence in your case, as well as the other options that are available to you; so there is no straightforward answer. To answer this question you will need an attorney who has reviewed all of the evidence to walk you through what that trial would look like. At Claire Highland Law, we take pride in our years of jury trial experience. While we are happy to take a case to trial, we want you to assess all of your options before deciding to do so. We can help you understand what to expect from a trial, and the likely and possible outcomes of one; then we can compare that to the best possible options you have of resolving your case without a trial. That way, we can help you make the absolute best decision for you and your case.
For more information on other ways to resolve your case, read this article.
WHAT HAPPENS AT A TRIAL?
For many people, their only exposure to a jury trial is what they have seen on television. Taking your case to jury trial can be a long process, requiring many preparations before it begins. Most people are aware of the evidentiary portion of a trial - when witnesses are questioned and evidence is presented. However, a lot of things that hugely impact the outcome of your trial happen before the evidence is even presented. Jury trials are complicated and the stakes are high, which is why you should only go into a jury trial with an experienced trial attorney.
Here is the timeline of a jury trial:
Motions in limine
Jury selection
Opening statements
Evidence
Closing statements
Deliberation
Verdict
read more on each step below.
Motions in Limine
The court may hear motions, outside of the presence of the jury or before they have been selected, in regards to what evidence should be allowed into the trial. Your attorney and the prosecutor will make arguments about what they want to be excluded or included in the trial. For example, if you have considerable criminal history, that is likely something that your attorney will want excluded from the trial so that the jury cannot base their decision on whether you are guilty off of the fact that you have been found guilty of a crime in the past. The rules of evidence and the arguments attorneys make can be very complex, sometimes an entire separate hearing is dedicated to handling these issues. In some trials, whether evidence is admitted or blocked can make or break the case, so these arguments are very important.
Jury Selection
In a jury trial, picking your jury is a crucial early step. During jury selection, both attorneys will have an opportunity to interact with the jury and try to get jurors removed that they do not want on the case. The judge will also ask the jurors questions to determine that everyone on the jury is able to perform their duty fairly. Your attorney will ask the jury questions and try to prompt responses from them to try to feel out whether they are a good fit for your case. Your attorney will ask to remove the jurors that they do not want on the case. There are limitations to how many jurors can be excluded, and an experienced trial attorney knows what to look for, and how to get jurors excluded in the most beneficial way. At the end of jury selection you will be left with the panel of jurors who will be deciding your case. In California, a jury has 12 people. In Washington, a jury has 6 for misdemeanors, and 12 for felonies.
Jury Instructions
After selection, the jury will be sworn in and read your charges. The judge will also give the jury some instruction on the law, and what evidence they may consider and not consider when they are listening to the trial. The instructions will also include things that the jury is not to do until the end of the case, for example they will be instructed not to do their own research on the case, or talk about the case with others.
Opening Statements
Opening statements are given by the attorneys, and the purpose is for each side to tell the jury what the evidence will show. The prosecution always goes first. Your attorney will have an opportunity to go next; they can also save their opening statement for later. Because the prosecutor has the burden of proof, they are required to bring evidence; and your attorney is not, which is why they are allowed to reserve their argument for later if they so choose.
Evidence
Like with opening statements, the prosecutor, having the burden of proof, goes first. As the prosecutor puts on evidence and witnesses, the defense has the opportunity to attack the evidence and cross-examine witnesses, but is not required to do so. After the prosecutor rests their case, the defense has an opportunity to present theirs.
The defense, having no burden, doesn’t have to put on any evidence at all. The defense may decide to put on their own witnesses if it is beneficial, or may rest after cross-examining the prosecutor’s witnesses and attacking their case in that way. As a part of the defense’s case, you as the defendant have the opportunity to testify in the trial if you choose to do so. Like with deciding to go to trial, testifying on your own behalf is your constitutional right, and the decision on whether or not to do so is 100% up to you. Your attorney will guide you on whether it can be beneficial, and what type of cross-examination it could open you up to if you chose to do so. How your attorney strategically handles the case is a big decision, which is why it is important to have experienced trial counsel.
Closing Statements
Like with opening statements, at the close of evidence, the attorneys from each side get to make their argument to the jury. The prosecution, having the burden of proof gets to have the final word. The burden the prosecutor must prove is guilt beyond a reasonable doubt. This is the highest burden in law. The prosecutor must prove every element of a crime beyond a reasonable doubt. During closings your attorney will review the evidence for the jury and tell them what they should or shouldn’t do with it. For example, after attacking the evidence they saw, highlighting what they did not see that might have proved the case, and exposing any gaps in the evidence, as your attorney we can argue that the prosecutor did not meet the burden of proof beyond a reasonable doubt and ask the jury to return a verdict of not guilty.
Deliberations
After closing statements, the jury is given further instructions and then will start deliberating. During deliberations, the jury will go into a room to privately deliberations. The jury may have questions or ask for testimony to be read back to them while they deliberate. The deliberation can take hours, days, or even longer depending on the case.
Verdict
The jury must reach a unanimous verdict in a criminal case, and has three options. One, to find you guilty of some or all of the charges. Two, to find you not guilty of some charges or all charges. Or lastly, three, to tell the judge that they cannot reach a decision on your case. If the jury cannot reach a decision they will often be sent back by the judge in an attempt to reach a unanimous verdict, but if they are hopelessly deadlocked then the result is a mistrial. If a mistrial occurs the prosecutor would have to try your case again, as you were not convicted. If you are acquitted, it cannot be retried.
WHAT HAPPENS AFTER A TRIAL?
If you are acquitted
If the jury finds you not guilty then you are acquitted of the charges. If you are acquitted of all charges, then the case is dismissed and you can never be tried on those charges again. If you posted any bail, your bail would be exonerated so that it can be returned to you.
If you are convicted
If you are convicted of some or all charges, you will be sentenced. There are options available to you if you have been convicted of a crime. Read more about those options here.
