When facing a criminal trial, defendants are likely to experience a range of emotions, from anxiety and fear to confusion and uncertainty. However, understanding what to expect during a trial can help alleviate some of the stress. This blog post provides an in-depth guide to what a defendant can expect during a trial, from preparation to the verdict, with a particular focus on the role of their attorney in navigating the legal landscape.

Pre-Trial Preparation

The groundwork for understanding what to expect during a trial begins before the trial actually starts. The defendant’s attorney will work tirelessly to prepare for the case. This is a crucial period, as it sets the stage for how the trial will unfold. Some important pre-trial activities include:

  • Case Review and Strategy: The attorney will meet with the defendant to discuss the charges, evidence, potential defenses, and legal strategies. They will go over the details of the case and decide how to proceed – whether to negotiate a plea deal, challenge the evidence, or proceed to trial.
  • Discovery Process: This is where the defense team gathers all relevant evidence from the prosecution, including witness statements, physical evidence, expert testimony, and more. The defense attorney will analyze this material to find weaknesses in the case.
  • Motions and Hearings: Before the trial starts, there may be pre-trial motions, including requests to dismiss evidence or even the entire case. These motions help clarify the issues before the trial begins and can result in the case being dropped or altered.
  • Jury Selection: In a trial by jury, the process of jury selection, also known as “voir dire,” is critical. During voir dire, the attorney will help select a jury that is as favorable as possible for the defendant. Jurors are questioned to determine if they can be fair and impartial.

The Opening Statement

The first major event of what to expect during a trial, after the jury is selected, are opening statements. This is a chance for the prosecution and defense to lay out the case, offering an overview of what they will prove during the trial. In many cases, the defendant’s attorney will attempt to highlight reasonable doubt and introduce a theory of the case that casts doubt on the prosecution’s version of events. The opening statement is important because it sets the tone for the rest of the trial, presenting the defense strategy and establishing the defendant’s side of the story.

The prosecution is usually first to give their opening statement, in which they will outline the charges and the evidence they intend to present to prove the defendant’s guilt. The defense attorney will pay close attention to this to assess any weaknesses in the case.

Presenting the Evidence

After opening statements, the next event of what to expect during a trial will be evidence presentation through witnesses. A trial generally involves the prosecution and defense conducting direct examination of their side’s presented witnesses, and cross-examination of the opposing-side’s witnesses. Additionally, the introduction of physical and documentary evidence can occur during a witness’s testimony.

During this phase, the prosecution will call witnesses to testify against the defendant, while the defense will call witnesses supporting the defendant and undermining the prosecution’s case. The attorney calling the witness will ask questions to present facts, introduce evidence, provide context, and build the prosecution’s case or the defendant’s defense.

Often, expert witnesses may be brought in to testify. These individuals provide specialized knowledge, whether medical, forensic, or technical, to help clarify complicated issues that may not be easily understood by the jury.

In some cases, character witnesses may also be called to vouch for the defendant’s character, adding credibility to their defense.

After either attorney calls their witness, the opposing attorney can cross-examine that witness. Cross-examination is an opportunity to challenge the credibility of the called upon witness, and to discredit their testimony. The defense attorney will be prepared for this by anticipating questions and ensuring that their witnesses remain consistent and credible. Cross-examination by an attorney is often aggressive and strategic. Cross-examination aims to discredit a witness by undermining their testimony with inconsistencies, prior criminal convictions, or other bad-act or character evidence.

Throughout the trial, both the prosecution and the defense will introduce physical evidence to support their respective cases. This could include documents, videos, photographs, or other materials. The defense attorney will work to challenge the admissibility of evidence introduced by the prosecution and may use various legal arguments to dispute the validity of certain pieces of evidence.

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Photo by José Martín Ramírez Carrasco on Unsplash

The Defendant’s Testimony

One of the most important decisions of what to expect during a trial is whether the defendant will testify on their own behalf. While defendants are not required to testify, their decision to do so can have a significant impact on the case.

  • Pros of Testifying: If the defendant chooses to testify, they have the opportunity to tell their side of the story, explain their actions, and potentially sway the jury. The defense attorney will help the defendant prepare for this moment by coaching them on how to answer questions clearly and confidently.
  • Cons of Testifying: The main risk of testifying is that the defendant may be cross-examined by the prosecution. This could lead to the defendant being trapped into contradictory statements or introducing their prior criminal history, thus weakening their case. Many defendants decide against testifying for this reason, trusting the defense attorney to argue their case without the need for the defendant’s direct testimony.

Closing Arguments

After all the evidence has been presented, the next event of what to expect during a trial is that both the defense and prosecution will have the opportunity to deliver closing arguments. This is the final chance for the defense attorney to summarize the case and make their strongest appeal to the jury.

The defense attorney will highlight the key points of the case that support the defendant’s innocence or cast doubt on the prosecution’s claims. They may also argue that the prosecution failed to meet its burden of proof, asserting that the jury should find the defendant not guilty.

The closing argument is a critical moment, as it allows the defense to appeal to the emotions of the jury, reminding them of any inconsistencies in the prosecution’s case or highlighting weaknesses in their arguments.

The Jury Deliberation and Verdict

After the closing arguments, the jury will be instructed by the judge on the law and how to apply it to the facts of the case. The jury then goes into deliberation, where they discuss the case in private and attempt to reach a verdict.

The jury must decide whether the defendant is guilty or not guilty of the charges. Depending on the nature of the case, there may also be options for a hung jury, in which the jurors cannot agree on a verdict.

If the jury reaches a unanimous verdict, it will be announced in open court. If the verdict is “not guilty,” the defendant will be released. If the verdict is “guilty,” the defendant will face sentencing at a subsequent time. If the charged crime is serious in nature, the defendant will likely be taken into custody immediately.

If the defendant is found guilty, the next step will be sentencing. The defense attorney may argue for a lighter sentence, introduce mitigating factors, or appeal the verdict, depending on the circumstances.

Appeals Process

If convicted, the defendant has the right to appeal the verdict. The appellate process is a separate legal procedure where the defendant challenges the trial’s fairness or legality. An appellate attorney will review the trial for errors, such as improper rulings by the judge or procedural violations, and file an appellate brief with a higher court.

What a Defendant Can Expect Emotionally and Mentally

One of the most difficult events regarding what to expect during a trial is the personal emotion. Throughout the trial, the defendant may experience a roller-coaster of emotions. There is often a significant amount of stress due to the uncertainty and seriousness of the situation. Having a competent and supportive attorney can help the defendant feel more at ease and provide clarity about what is happening in each phase of the trial.

It’s important to remember that the defense attorney is there to advocate for the defendant’s best interest, protect their rights, and ensure a fair trial. Communication between the defendant and their attorney is key, as it ensures the defendant fully understands what is happening at each stage of the trial.

My Final Thoughts

A criminal trial is a complex and emotionally charged process, but understanding what to expect during a trial can help a defendant feel more prepared. From pre-trial preparations and jury selection to the verdict and beyond, the defendant’s attorney plays a pivotal role in ensuring that the case is presented efficiently and that the defendant’s rights are protected. By being informed and maintaining open communication with their attorney, the defendant can navigate the trial process with more confidence and clarity.

If you, or someone you know, will be proceeding to trial, challenging a criminal sentence, pursuing post-conviction relief, or litigating a Civil Rights Section 1983 lawsuit, our books are crucial resources in the pursuit of justice. Purchase your copy today, or on behalf of someone incarcerated who may have seen our advertisement in Prison Legal News magazine.