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Generally, trial procedures include:
- The review of issues about evidence to decide what can be admitted or excluded.
- The opening statements.
- Presentation of the main case with direct examination of prosecution witnesses by the prosecutor.
- Cross-examination by the defense.
- The redirect wherein the prosecutor reexamines its witnesses and then rests his/her case.
- Then the defense can make a motion to dismiss the case which can be accepted but if denied the defense presents its case through direct examination of defense witnesses.
- At this point, the prosecutor then cross-examines the defense witnesses followed by the redirect by the defense and resting of his/her case.
- The prosecution has the opportunity for rebuttal.
- In the case of a jury trial, the prosecution and the defense work with the Judge to agree on instructions to be given by the Judge to the jury.
- Both sides are then given the opportunity to make their closing arguments.
- The Judge then takes up the case or in a jury trial, instructs the jury about what law should be applied in the case.
- The jury proceeds to deliberate and agree on a unanimous verdict. If they deliver a guilty verdict, the defense often makes post trial motions for retrial but the Judge almost always denies these requests.
- Sentencing of the accused by the judge is next.
If the jury cannot agree on a unanimous verdict, the Judge usually declares a mistrial and the prosecution can decide whether to force a second trial. If the defendant is acquitted, it is over. In the case of a conviction and sentencing, an appeal may follow. Occasionally, a defendant may appeal and remain out on bail during the appeal.
If you are seriously considering taking your case to trial, you should absolutely retain an attorney. Call attorney Joseph N. Gothie at (717) 848-8455 to set up a
free, no-risk consultation to discuss your case and what trial strategies might be best in your circumstances.
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