What to Expect During a Criminal Trial
A criminal trial is the legal process by which a defendant's guilt or innocence is determined, and it involves a series of steps to work toward fairness, protect constitutional rights, and administer justice.
In Florida, the criminal justice system can be intimidating, especially for those facing criminal charges. To help protect your rights during a criminal trial, it's in your best interest to work with a professional criminal defense attorney in Orlando, Florida. That's why, at Reese Legal in Orlando, Florida, we're dedicated to helping you protect your rights. Here's what you can expect during a criminal trial.
The Stages of a Criminal Trial
A criminal trial in Florida can be divided into several key stages, each of which is vital for both the prosecution and the defense. These stages are designed to provide a fair and thorough legal process, allowing both sides to present evidence and arguments before a decision is made regarding the defendant's guilt or innocence.
Pretrial Proceedings
Before a criminal trial begins, there are several pretrial processes that take place:
Arrest and booking: The process begins when an individual is arrested and booked into jail, where personal information and fingerprints are recorded. At this stage, the accused is informed of the charges and is granted the opportunity to seek bail, which allows for their release until the trial.
First appearance: This is the defendant's initial appearance before a judge, usually within 24 hours of arrest. At this stage, the judge informs the defendant of the charges and sets a bail amount, or grants a release on their own recognizance if appropriate.
Pretrial motions: Prior to trial, both the prosecution and defense may file pretrial motions. These motions can address a variety of legal issues, such as challenging the evidence, suppressing certain evidence, or requesting the dismissal of charges. For example, a motion to suppress might seek to exclude evidence obtained through illegal searches or violations of constitutional rights.
Discovery: Discovery is the process by which both sides exchange information relevant to the case. The prosecution is required to share evidence that might exonerate the defendant (Brady material), and the defense may be required to share evidence that it intends to use in court.
Plea negotiations: In some cases, the defense and prosecution may engage in plea bargaining, where the defendant agrees to plead guilty or no contest to certain charges in exchange for a reduced sentence. If a plea agreement is reached, the case may not go to trial.
After the pretrial proceedings, one of the most crucial aspects of any criminal trial in Florida is the selection of the jury.
Jury Selection (Voir Dire)
Florida criminal law mandates that criminal defendants have the right to a trial by a jury of their peers (the Sixth Amendment of the U.S. Constitution). The jury selection process is known as voir dire, which is French for "to speak the truth."
Voir dire process: During voir dire, both the prosecution and the defense have the opportunity to question potential jurors to assess their suitability for serving on the jury. This is done to make sure that jurors are impartial and can make decisions based solely on the facts presented in the case.
Challenges for cause: Either side can challenge a juror for cause if they believe that the individual can't be fair and impartial due to biases, preconceived notions, or connections to the case.
Peremptory challenges: Both the prosecution and defense are allowed a limited number of peremptory challenges, where they can dismiss a potential juror without providing a reason. However, peremptory challenges can't be used to discriminate based on race, gender, or other protected characteristics.
Jury composition: Florida criminal trials typically involve six jurors for misdemeanor cases and twelve jurors for felony cases. A unanimous verdict is generally required to convict a defendant.
Once the jury has been selected, the trial proceeds to the opening statements.
Opening Statements
This is where both the prosecution and defense present an outline of their case to the jury.
Prosecution’s opening statement: The prosecution will present a summary of the evidence it plans to introduce and explain why it believes the defendant is guilty. The prosecution must prove the defendant’s guilt beyond a reasonable doubt.
Defense’s opening statement: The defense may provide an opening statement as well, outlining the evidence and arguments it intends to present to challenge the prosecution’s case. It’s important to note that the defense isn't required to present evidence or make an opening statement, but doing so can be an important part of its strategy.
After the opening statements, the trial moves into the presentation of evidence.
Presentation of Evidence
This is where both sides introduce documents, witness testimony, and other forms of evidence to support their claims.
Prosecution’s case-in-chief: The prosecution begins by presenting its case first, introducing its evidence and calling witnesses to testify. This includes law enforcement officers and any victims or eyewitnesses who can provide testimony regarding the defendant’s actions. The defense has the right to cross-examine these witnesses.
Defense’s case: After the prosecution rests, the defense has the opportunity to present its case. The defense may choose to present evidence, call witnesses, or offer testimony to support the argument that the defendant isn't guilty. In some cases, the defense may choose not to present a case, arguing that the prosecution has failed to prove its case beyond a reasonable doubt.
Key witnesses: Both the prosecution and defense may call key witnesses who can provide specific knowledge to assist the jury in understanding challenging issues, such as forensic evidence, psychological evaluations, or the defendant’s mental state.
Physical evidence: This includes items such as weapons, drugs, clothing, or any other material evidence that can help establish the facts of the case.
Once all the evidence has been presented, both sides make their closing arguments.
Closing Arguments
During this phase, the prosecution summarizes the evidence and reiterates why the defendant should be found guilty. They'll focus on the points that strengthen their case and may attempt to refute any counterarguments presented by the defense.
The defense will also summarize the evidence and argue why the prosecution hasn't proven its case beyond a reasonable doubt. The defense may highlight weaknesses in the prosecution’s case or raise doubts about the credibility of witnesses or evidence.
After closing arguments, the judge will provide the jury with instructions regarding criminal law.
Jury Instructions
These instructions explain the legal standards that the jury must apply when deliberating, including the definition of the charges, the elements of the crime, and the concept of "reasonable doubt."
The judge will remind the jury that the prosecution carries the burden of proving the defendant's guilt beyond a reasonable doubt. The defendant doesn't have to prove their innocence.
The judge will also explain the process of deliberation and the need for a unanimous decision in criminal trials (in most cases). Once the jury receives the instructions, they'll deliberate in private.
Jury Deliberation and Verdict
During deliberation, the jurors will review the evidence, discuss the case, and attempt to reach a consensus on whether the defendant is guilty or not guilty.
Guilty or not guilty: The jury’s decision must be unanimous in criminal cases in Florida. If the jury can't reach a unanimous decision, it may result in a mistrial. In such a case, the prosecution may choose to retry the case with a new jury.
Verdict announcement: If the jury reaches a verdict, they'll return to the courtroom, and the judge will announce the decision. If the defendant is found guilty, the judge will proceed to sentencing. If the defendant is found not guilty, they'll be acquitted, and the case will be dismissed.
If the defendant is found guilty, the trial doesn't end with the verdict.
Sentencing
The judge will schedule a sentencing hearing, where the defendant will be sentenced according to criminal law standards. The sentencing phase may involve:
Pre-sentence investigation: In some cases, a pre-sentence investigation is conducted to assess the defendant's background, criminal history, and other factors that may influence sentencing.
Victim impact statements: The victim or their family may have the opportunity to address the court and provide an impact statement during sentencing.
Mitigating and aggravating factors: The defense may present evidence of mitigating factors (e.g., the defendant’s remorse, lack of criminal history) that could result in a lighter sentence. The prosecution may present aggravating factors (e.g., the severity of the crime, prior convictions) that could lead to a harsher sentence.
Sentencing guidelines: Florida has sentencing guidelines that help verify consistency in sentencing. These guidelines provide a range of possible sentences based on the offense, the defendant’s criminal history, and other factors.
As sentencing determines the legal consequences for a convicted individual, criminal defense strategies play a crucial role in influencing the outcome of a case, often aiming to reduce charges or penalties, or even secure an acquittal.
Criminal Defense Strategies
Throughout the trial, the defense will utilize various strategies to protect the defendant's rights and challenge the prosecution's case. Some common defense strategies include:
Alibi defense: The defendant may argue that they weren't present at the crime scene and couldn't have committed the alleged offense.
Self-defense: In cases involving violence, the defense may argue that the defendant acted in self-defense, using reasonable force to protect themselves from harm.
Lack of evidence: The defense may argue that the prosecution has failed to prove its case beyond a reasonable doubt by highlighting the lack of physical evidence or inconsistencies in witness testimony.
Constitutional violations: The defense may argue that the defendant's rights were violated during the investigation or arrest, leading to the exclusion of certain evidence.
Insanity defense: In some cases, the defense may argue that the defendant wasn't mentally competent at the time of the crime and should be found not guilty by reason of insanity.
Contact a Criminal Defense Lawyer Today
If you're in need of an experienced criminal defense lawyer, look no further than Reese Legal. Attorney Michael Years has years of experience assisting clients in Orlando, Windermere, Winterpark, Doctor Phillips, and Bay Hill. Contact us today to schedule a consultation.