The first step in a criminal case is
a court appearance called an arraignment
, in which the charges against the defendant are read before a judge. At an arraignment, a lawyer is appointed if the defendant cannot afford one, and the defendant's plea (guilty, not guilty, no contest) is entered.
What are the 7 steps of a trial?
- Voir Dire. Voir Dire is a fancy French word used to name jury selection. …
- Opening Statement. After the jury is empaneled, the trial will begin with opening statements. …
- State's Case in Chief. …
- The Defense Case. …
- State's Rebuttal. …
- Closing Arguments. …
- Verdict.
What is the first step in the criminal trial process?
The first step is called ‘
arraignment
‘. This is where the Judge's Associate (who is the person sitting in front of the judge) reads aloud to the Accused (who is the person on trial) each count on the indictment (ie each charge).
What are the first 3 steps of a criminal trial?
- Step 1: Crime Committed / Police Notified.
- Step 2: Police Investigate.
- Step 3: Police Make an Arrest (or Request a Warrant)
- Step 4: Warrant/Charging Request Reviewed by Prosecuting Attorney.
- Step 5: Warrant Issued.
- Step 6: Suspect Arrested.
- Step 7: District Court Arraignment.
What is the first stage of a trial?
Plaintiff Testimony
– The first part of the actual trial proceeding consists of the plaintiffs presenting their witnesses and experts to present the arguments and justifications for the complaint.
What are the 12 steps of a trial?
- Opening statement made by the prosecutor or plaintiff.
- Opening statement made by the defendant.
- Direct examination by plaintiff or prosecutor.
- Cross examination by defense.
- Motions.
- Direct examination by defense.
- Cross examination by prosecutor or plaintiff.
What are the 8 stages of a criminal trial?
- Step 1: Arrest. An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. …
- Step 2: Charges. …
- Step 3: Arraignment. …
- Step 4: Pretrial Proceedings. …
- Step 5: Trial. …
- Step 6: Verdict. …
- Step 7: Sentencing. …
- Step 8: Appeal.
How do you win a trial?
- Meet Your Deadlines. …
- Choose a Judge or Jury Trial. …
- Learn the Elements of Your Case. …
- Make Sure Your Evidence Is Admissible. …
- Prepare a Trial Notebook.
- Learn the Ropes.
- Watch Some Trials. …
- Be Respectful.
What are the 14 steps in a trial?
- step 1: pre-trial proceedings. …
- step 2: jury is selected. …
- step 3: opening statement by plaintiff or prosecution. …
- step 4: opening statement by defense. …
- step 5: direct examination by plaintiff/ prosecution. …
- step 6: cross examination by defense. …
- step 7: motions to dismiss or ask for a directed verdict.
What are the stages of a trial?
- Choosing a Jury.
- Opening Statements.
- Witness Testimony and Cross-Examination.
- Closing Arguments.
- Jury Instruction.
- Jury Deliberation and Announcement of Verdict.
What are the 7 basic steps in a criminal case?
- Investigation.
- Charging.
- Initial Hearing/Arraignment.
- Discovery.
- Plea Bargaining.
- Preliminary Hearing.
- Pre-Trial Motions.
- Trial.
Why do most cases never go to trial?
It's no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of
a lack of evidence
. Sometimes prosecutors decide not to refile charges after a felony defendant prevails at the preliminary hearing.
How many jurors are needed for a criminal trial?
Twelve people
, and alternates, make up a criminal jury. A unanimous decision must be reached before a defendant is found “guilty.” The government must prove the crime was committed “beyond a reasonable doubt.” Guilty pleas and plea negotiations reduce the need for juries in criminal cases.
What Happens After an opening statement?
Following the opening statements,
the attorney for the plaintiff presents evidence
. Thereafter, the defendant may or may not choose to present evidence as he or she sees fit. Evidence falls into 2 classes: testimony and exhibits. Testimony consists of statements made by witnesses under oath.
What does the judge say at the beginning of a trial?
Judge: “
Prosecution, are you ready to begin
.” Prosecution: “Yes your honor.” Judge: “The prosecution may make its opening statement.” “Your Honor and members of the jury, we know that _____________________ is guilty of violating the law.
How long does a trial last?
Following this, the felony case moves into the trial phase. This phase of the trial process usually takes from
4 days to 2 weeks
. However extremely difficult and complicated cases can take several months. This is where the jury decides the case based on the prosecutor's and defendant's attorney's arguments.
