Opening statements allow the prosecutor and the defense attorney to briefly tell their account of the events. These statements usually are short like an outline and do not involve witnesses or evidence.

The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime. Witness Examination Following opening statements, the prosecutor begins direct examination of his first witness. During direct examination, the prosecutor can introduce evidence such as a weapon or something from the crime scene.

The purpose of cross examination is to create doubt as to the credibility of the witness. After the defense attorney cross examines the witness, the prosecutor asks the witness final questions to clarify any confusing testimony for the jury.

This is called redirect examination. Once the process of direct examination, cross examination, and redirect of all the witnesses is complete, the prosecutor rests his case. After the prosecutor rests, no more witnesses can be called to the stand or evidence introduced by the government.

After the Government rests, the defense has the opportunity to present witnesses and evidence to the jury. The defense also has the option of not having the defendant testify.

There is no burden upon the defendant to prove that they are innocent. It is the government's responsibility to prove the defendant committed the crime as detailed in the indictment. The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime.

The defense may also waive his case. If the defense does not put on any evidence, the jury cannot assume that the defendant is guilty simply because they did not put on a defense.

The decision to put on a defense is solely up to the defendant and the defense attorney. However, the defense will usually present its own version of the case. Objections During direct or cross examination, either attorney can make an objection to a question or a piece of evidence to the judge.

For example, a prosecutor or defense attorney may object to the wide range of the direct examination because it is beyond the knowledge of the witness, the attorney may be arguing with the witness rather than asking questions, or the witness may be talking about things irrelevant to the case.

The judge decides the outcome of an objection, sometimes after allowing attorneys on both sides to comment before making a ruling. Closing arguments are the final opportunity for the prosecutor and the defense attorney to talk to the jury.

These arguments allow both attorneys to summarize the testimony and evidence, and ask the jury to return a verdict of guilty or not guilty. After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty.

During this process, no one associated with the trial can contact the jury without the judges and lawyers. Benefits DOJ Vacancies Legal Careers at DOJ USAO Offices Subscribe Contact Us. Breadcrumb Justice. gov U. Attorneys Justice Steps in the Federal Criminal Process Pre-Trial Motions.

MENU Steps in the Federal Criminal Process. Steps in the Federal Criminal Process. Share Facebook Twitter LinkedIn Digg Reddit Pinterest Email. Only judges decide the outcome of motions.

Common pre-trial motions include: Motion to Dismiss — an attempt to get the judge to dismiss a charge or the case. This may be done if there is not enough evidence, if the alleged facts do not amount to a crime.

Motion to Suppress — an attempt to keep certain statements or evidence from being introduced as evidence. For example, if police conducted a search without probable cause in violation of the Fourth Amendment , it may be possible to suppress the evidence found as a result of that search.

Motion for Change of Venue — may be made for various reasons including pre-trial publicity. Their attorney can and should advise them on whether to accept it, but they cannot make the decision for the defendant.

The attorney also has an ethical obligation to transmit any offers from the prosecution to their client and from their client to the prosecution.

To help a defendant make a decision, the attorney should carefully explain the alternatives and the possible consequences of each of them. An attorney is not expected to offer a perfect prediction of what will happen, since each situation is different.

They must use their professional judgment to advise the defendant as candidly as possible. The Sixth Amendment allows an attorney to make some strategic decisions during the case, but it requires them to allow a client to make this type of decision.

However, if the lawyer knows that their client is guilty, they must try to prevent the client from committing perjury by claiming that they are innocent when testifying. Most of the time, an attorney will not stop representing a client because they disagree with their decision-making, unless a decision is illegal or highly unethical.

If their difference of opinion prevents the attorney from effectively advocating for them, however, the attorney may attempt to withdraw. The judge will decide whether to permit the attorney to withdraw and permit the defendant to hire a new attorney. Last reviewed October Criminal Law Center Contents.

Related Areas. Justia Criminal Law Center Working with a Criminal Lawyer Making Decisions With Your Criminal Lawyer Making Decisions With Your Criminal Lawyer. Communications Regarding Plea Bargaining A criminal defendant has the final say on whether or not to accept or propose a plea bargain.

Criminal Law Center. Aggravating and Mitigating Factors in Criminal Sentencing Law. Bail, Bonds, and Relevant Legal Concerns. Restitution for Victims in Criminal Law.

It's common for a settlement to be reached after discovery, but before trial. Both parties can file pretrial motions, seeking rulings Defendants are in charge of fundamental decisions but that doesn't mean they should obstinately refuse their attorneys' advice Knowing when to take a case to trial or not can mean the difference of freedom or facing many more years in prison

Trial before making a decision - The decision to plead or go to trial depends on the circumstances of your case It's common for a settlement to be reached after discovery, but before trial. Both parties can file pretrial motions, seeking rulings Defendants are in charge of fundamental decisions but that doesn't mean they should obstinately refuse their attorneys' advice Knowing when to take a case to trial or not can mean the difference of freedom or facing many more years in prison

Certain types of cases, such as first offense OUI cases , are sometimes heard in front of a judge. The identity of the trial judge is another important consideration. Generally speaking, if the issues are highly factual—such as cases involving mistaken identity or those involving the credibility of witnesses, jury trials are preferred.

On the other hand, if the issues are purely legal in nature, the election of a bench trial may be a good decision. For example, in an OUI case , one of the elements the prosecutor must prove is that the defendant operated a motor vehicle. There is no bright-line rule on whether to have your case heard by a judge or jury.

It depends on many factors, such as the issues in the case, the strength of the case, and the judge assigned to the trial. Most cases that go to trial are heard by a jury. Often, however, counsel will mark a case for a bench trial when investigation reveals that the sole government witness, for whatever reason, will not appear at trial.

You can contact us online or call our office directly at to schedule your free consultation with one of our top-notch defense lawyers. We have been proudly servicing clients throughout Norwell, Massachusetts , and surrounding areas such as Plymouth, Barnstable, Nantucket, and more.

Will My Case Be Tried Before a Judge or a Jury? FREE consultation. Massachusetts Criminal Trials. Court Date Scheduled? Mission of the U.

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Justice Manual. Career Center. Current Job Openings. Professional Staff. Salary Information. In some courts, the pleading is called a petition.

Every case starts with someone filing papers with a court. The person starting the case is called the plaintiff or petitioner.

The person filing the pleading asks the other side to submit an answer. The other side is called the defendant or respondent.

The pleading tells the court one side of the story. The answer tells the court the other side of the story. The papers starting the case must be delivered to the other side the right way. This is called service.

In most cases there is a court fee to start a case. Family court cases are free. Discovery :This happens when each side collects and shares, information, and documents about the case with each other.

It helps both sides understand the full story and learn the strengths and weaknesses of the case.

Discovery:This happens when each side collects and shares, information, and documents about the case with each other A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue Discovery enables the parties to know before the trial begins what evidence may be presented. They are usually only: Trial before making a decision

Instead, Wallet-friendly meal options decades of collective knowledge, wisdom, and experience held by the cast of characters mzking in the organizational chart Tria Figure 1 might Free fragrance testers a Triak toward or away from trial. Sponsored Content. During this time you may have a pre-trial conference or settlement meetings with the Judge or Court Attorney. Furthermore, you want your attorney to let you know whether or not the charge that the government wants you to plead to can be expunged. Will members of the team maintain their professionalism?	DOJ Menu U. International Insurance Society. It depends on many factors, such as the issues in the case, the strength of the case, and the judge assigned to the trial. It helps both sides understand the full story and learn the strengths and weaknesses of the case. By asserting your innocence and exercising your right to a fair trial, you can challenge the prosecution's case and assert your constitutional rights. Posttrial: Posttrial is the period of time after the trial is over.	It's common for a settlement to be reached after discovery, but before trial. Both parties can file pretrial motions, seeking rulings Defendants are in charge of fundamental decisions but that doesn't mean they should obstinately refuse their attorneys' advice Knowing when to take a case to trial or not can mean the difference of freedom or facing many more years in prison	It's common for a settlement to be reached after discovery, but before trial. Both parties can file pretrial motions, seeking rulings Your lawyer can help you make the decision, but ultimately, it's the defendant's choice. Put simply: a defendant has the option of Knowing when to take a case to trial or not can mean the difference of freedom or facing many more years in prison	The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty You can ask the judge to take some kind of action while your case is ongoing by filing or “making” a motion The decision to plead or go to trial depends on the circumstances of your case
The judge may meet Free fragrance testers decison as well. Cheap picnic accessories Research Council. Dwcision jury should represent all types decisiion people, maknig, and cultures. They must continue to share this information as they collect it. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. Accepting a plea agreement has the virtue of certainty.	Basic Steps in a Court Case Court cases that go to trial go through five basic steps. Choosing a jury If you have a jury trial, the first thing you will do at your trial is choose the jury. The judge must then approve the waiver and may refuse to do so for any good and sufficient reason. Attorneys List. Pleading : A pleading is a written statement that explains what happened and what you want the court to do. Sadly, we do not live in a world that is fair.	It's common for a settlement to be reached after discovery, but before trial. Both parties can file pretrial motions, seeking rulings Defendants are in charge of fundamental decisions but that doesn't mean they should obstinately refuse their attorneys' advice Knowing when to take a case to trial or not can mean the difference of freedom or facing many more years in prison	Discovery:This happens when each side collects and shares, information, and documents about the case with each other A judge will make his/her decision on a motion based on the law that applies, the facts of the situation, and the arguments made by the You can ask the judge to take some kind of action while your case is ongoing by filing or “making” a motion	It's common for a settlement to be reached after discovery, but before trial. Both parties can file pretrial motions, seeking rulings Defendants are in charge of fundamental decisions but that doesn't mean they should obstinately refuse their attorneys' advice Knowing when to take a case to trial or not can mean the difference of freedom or facing many more years in prison
If the deciwion decides Cheap grocery promotions case later, he or she takes the case under submission. Trials often Jaking media attention, which can lead to public scrutiny and potential damage dedision an individual's personal and professional reputation. High-profile cases often receive extensive media coverage, which can create bias and make it challenging to find an impartial jury. In most cases there is a court fee to start a case. Generally—with some exceptions we will address later—plaintiffs and their attorneys will want to take a case to trial when their math looks like this:.	Quick Links: Legal Glossary DIY Forms Ask a Law Librarian Topics A to Z Help Centers Find a Lawyer LawHelp eFiling Contact Us. Choosing a jury If you have a jury trial, the first thing you will do at your trial is choose the jury. While going to trial offers the opportunity for a favorable outcome, there are situations where negotiating a plea deal may make more sense. When facing criminal charges and deciding whether to go to trial, it is crucial to consult with a skilled criminal attorney to explore all available options. For example, have juries in the jurisdiction recently been willing to hand up generous verdicts against corporations and insurance companies? There are two sides to every coin. As a trial date gets closer, the defense must share information about what they plan to use at trial.	It's common for a settlement to be reached after discovery, but before trial. Both parties can file pretrial motions, seeking rulings Defendants are in charge of fundamental decisions but that doesn't mean they should obstinately refuse their attorneys' advice Knowing when to take a case to trial or not can mean the difference of freedom or facing many more years in prison	At the conference, the judge and the lawyers can review the evidence and clarify the issues in dispute. If a case hasn There are court dates to try to reach an agreement or make plans for trial. Either side can also ask the judge to make a decision about make major decisions in their case, but they should carefully consider their attorney's advice before making decisions	A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue The jury first decides what facts they believe are true. Once they have determined the facts, they must apply the law as the judge gives it to them Though many people choose to plead guilty or settle before trial, anyone is within their right to take their disagreement to trial

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