The Commonwealth representative — the prosecution — has the burden of presenting evidence and must state a prima facie case or risk having the charges against you dismissed. They are required to prove these charges beyond a reasonable doubt. Witnesses are called, take an oath to tell the truth, and the prosecutor uses direct examination to ask them questions which are intended to support their view of the criminal action. Your defense attorney then may cross-examine these witnesses, asking questions to bring out your side.

The defense also has the right to present witnesses, documents and physical objects into evidence, sometimes through use of the subpoena power which requires the person to be present at the trial, either as a witness or as the person in custody of the document or object. You are entitled to present as much evidence as you wish or none at all and you have the right to testify in your own defense, but also the right not to testify. The prosecutor is not allowed to comment on the fact that you have not taken the stand nor presented evidence; however these are critical decisions for you and your attorney who has your best interests as the highest priority.

Recent changes in the law provide that children who are victims of sexual abuse are allowed to testify via closed circuit TV and the trial may be closed to the public. However, in all cases, the defendant can view the testimony and the defense attorney can cross-examine the child.

Witnesses almost always discuss their testimony ahead of their appearance. Attorneys almost always urge witnesses to limit their answers to the questions asked, warning them about offering extra information and reminding them to ask that a question be repeated or rephrased if they do not understand it.

All evidence is presented according to the rules of evidence which are developed by the Pennsylvania Supreme Court. Judges have a great deal of responsibility in interpreting these guidelines and in instructing jurors about considering evidence. Your attorney has the responsibility to question the admissibility of any documents or statements which he/she thinks do not meet the standards. Basically, witnesses must have personal knowledge in order to offer firsthand information, evidence must be relevant and must fit into a logical prosecution. But not all relevant evidence is admitted, particularly if it is prejudicial or unfair. Character testimony, documenting that your are a law-abiding person in a way which is relevant to your alleged crime, is always admissible.

More rules govern “hearsay” evidence, out-of-court statements, government records, expert testimony, chain-of-custody regarding evidence, the manner of testimony, forensic evidence, DNA reports, polygraph reports, handwriting and fingerprints. Again, it is the Judge who is required to determine what will be considered in your trial and again you can see that it is important to have an attorney you trust to employ every avenue in your best interests.

After all evidence is presented and both sides summarize their arguments, the Judge instructs the jury about the laws which are relevant in your case, the meaning of “reasonable doubt” and how they should go about their deliberations. The jury then retires to analyze each offense, deciding if the prosecution has proven beyond a reasonable doubt that you should be found guilty of that offense. In a jury trial the verdict must be unanimous. If the jury cannot reach a unanimous decision, the Judge declares a mistrial and the prosecution must decide whether to retry the case.

---

Share this page: