A federal criminal trial is where prosecutors must prove the charges against the defendant beyond a reasonable doubt. Federal trials follow a structured process governed by federal rules, constitutional protections, and the procedures of the particular court.
Understanding the major stages of a trial can help defendants know what to expect and how their attorney may protect their rights throughout the process.
Before trial, both sides prepare evidence and address legal issues. Discovery gives the defense access to much of the government's evidence. The defense may also file motions to suppress evidence or statements obtained in violation of the defendant's rights.
Attorneys may interview witnesses, prepare exhibits, and continue plea negotiations. If the case proceeds to trial, it generally follows these steps.
A federal criminal trial usually begins with jury selection, known as voir dire. Potential jurors are questioned to determine whether they can fairly and impartially decide the case.
The prosecution and defense may challenge jurors for cause when there is a reason to believe they cannot be impartial. Each side also receives a limited number of peremptory challenges, although jurors cannot be excluded for unconstitutional, discriminatory reasons.
After the jury is selected, the parties may make opening statements explaining what they expect the evidence to show. The government typically goes first.
Opening statements are not evidence. Instead, they provide jurors with an overview of each side's position and what they should expect during the trial.
Because the government has the burden of proof, prosecutors present their case first.
Evidence may include:
Prosecutors question their witnesses through direct examination. Defense attorneys can then cross-examine those witnesses to challenge their testimony, credibility, memory, or conclusions.
After the government rests, the defense may present evidence, but it is not required to do so. The defendant is presumed innocent, and the burden of proving guilt always remains with the government.
The defense may call witnesses, introduce documents, or present expert testimony. Defendants also have a constitutional right to testify or remain silent. Their decision not to testify cannot be used against them.
After the defense rests, prosecutors may introduce rebuttal evidence. This evidence generally responds to new matters raised during the defense's case rather than repeating the government's original arguments.
Once the evidence is complete, each side delivers a closing argument. Attorneys use this opportunity to explain how the evidence supports their position and address weaknesses in the opposing side's case.
Like opening statements, closing arguments are not evidence.
The judge gives the jury instructions explaining the law it must apply. These instructions typically address the elements of the charged offenses, proof beyond a reasonable doubt, the presumption of innocence, and how jurors should evaluate evidence.
Jurors then deliberate privately. They review the evidence and discuss whether the government proved each charge beyond a reasonable doubt.
Federal criminal jury verdicts generally must be unanimous. Deliberations may last hours, days, or longer. If jurors cannot agree, the judge may eventually declare a mistrial.
Once jurors reach a decision, they return to the courtroom and announce their verdict on each count.
A not-guilty verdict results in an acquittal. If the defendant is found guilty, the case generally proceeds to sentencing at a later date. If jurors cannot unanimously decide a count, prosecutors may have the option of retrying that charge.
Every stage of a federal criminal trial can affect the outcome of a case. Federal prosecutors have substantial resources, and a conviction can carry serious consequences.
An experienced defense attorney can challenge the government's evidence, protect the defendant's constitutional rights, and develop a defense based on the circumstances of the case.
For more information, contact our Los Angeles criminal defense lawyers at Perlman & Cohen Los Angeles Criminal Lawyers today to schedule a free, confidential consultation. We have a convenient location in Los Angeles, CA.
Perlman & Cohen Los Angeles Criminal Lawyers
355 S Grand Ave Suite 2450, Los Angeles, CA 90071
(310) 557-1700
Available 24/7
