The Anatomy of a Trial
Trial Preparation – Every trial begins with the preparation of the case. This includes any necessary investigation and interviewing of potential witnesses. After a factual analysis is performed, then a proper strategy can be implemented.
Court Rules – All Court rules, both State and Federal, as well as the individual rules of each judge must be understood and complied with.
Trial Date – Once the case is calendared for trial all witness and evidence must be ready to proceed. Our office takes great pride in how it prepares our clients’ cases so that all details are covered.
Jury Selection – In a Criminal trial, a defendant is entitled to 12 jurors in a felony case and six jurors in a Misdemeanor case.
Jury selection is one of the most important parts of a criminal trial since those jurors will be making a decision regarding guilt or innocence. The criminal trial attorneys at Proto, Sachs & Brown, LLP have selected juries in scores of cases and as such know what to look for in potential jurors to make sure that the client gets a fair trial.
Preliminary Instructions – At this point a judge will issue instructions to the jury regarding the case. Usually the instructions make clear that during the trial the judge will make all decisions regarding the law and the jury will make all decisions regarding the facts of the case.
Opening Statements – Both sides in a trial are entitled to give opening statements to a jury. During this phase each trial attorney lays out what they feel the evidence as presented will prove or not prove. The attorney trial lawyer with the burden of proof in the case opens first.
Plaintiff’s or Prosecutor’s Case - The party with the burden of proving a fact presents their case first. Evidence is presented by witnesses and/or objects in court. After every witness the defendant will have an opportunity to conduct cross-examination of the witnesses.
In a criminal case the government or prosecution must present evidence to prove their case “Beyond a Reasonable Doubt”.
Motions after the Plaintiff or Prosecutor’s case – After the plaintiff or prosecutor has presented their case the defense will make a motion to dismiss if the evidence presented does not make out a case for a jury to consider. The Judge is the person who decides this issue of law.
The Defendant’s Case - If the case is not dismissed at the close of the prosecution’s case, the defense will present their witness and evidence. A defense is not necessarily required since the burden usually remains with the prosecution absent some defense theory they must prove.
Motions after all the evidence has been presented – Any further necessary motions are argued at this time.
Charge Conference – Both criminal trial lawyers meet with the Judge to discuss what law the Judge will read to the jury after closing arguments. The Charge is the instructions on the law the jury must follow including definitions of various legal terms.
Closing Arguments – Both trial attorneys speak to the jury for the last time during the trial. In closing arguments trial attorneys tell the jury what the evidence shows, how it ties into the jury instructions and why the evidence and law compel a verdict in their favor. The defense attorney has the responsibility of addressing the jury first.
Jury Instructions – At this point the Judge reads the law governing the case to the jury as discussed in the charge conference.
Jury Deliberations and Verdict – The jury is then sent into a separate room to decide the issues of fact in the case. The jury may ask questions of the judge during their deliberations. In a criminal case a jury must be unanimous in its decision. If the decision is not unanimous it’s called a “hung jury” and the case can be retried.
Post-trial Motions and Appeal – After the trial either side may make motions based upon the law of the case and appeal any issue in law. Trials are usually complex and involve great effort to prevail therefore its necessary to have a criminal defense trial attorney lawyer with experience and the legal expertise to successfully litigate your case.
If you or someone you know has been arrested or is being prosecuted in Westchester, Bronx, Putnam, Dutchess, Rockland, Orange Counties or elsewhere in the City or State of New York, please contact one of our law offices in White Plains, NY, , NY, or Cortlandt Manor, NY for a Free Consultation with our skilled criminal trial attorneys.
