The criminal court process can be long. Once you get to the trial phase, there are six main steps. Each step plays an important part in the jury trial process.
Pretrial Motions
Pretrial motions are requests a prosecutor or defense attorney makes to the court before trial. Some complex pretrial motions are filed weeks or months before the trial date, while other simpler matters are handled immediately before the trial begins.
Pretrial matters can include:
- Motions to limit evidence
- Motions to suppress because of an unlawful arrest, search or seizure
- Motions to dismiss
- Motion to close the courtroom
- Motion to sequester witnesses
Pretrial motions are a helpful way that a lawyer can control how the trial will proceed.
Jury Selection
Jury selection is one of the most important parts of the trial process since the jury renders the verdict. During jury selection, the judge brings in the jury venire. This is a larger panel of jurors that the attorneys question to get to the final jurors.
In Maryland, there are 12 jurors in a felony trial, plus one or two alternate jurors. Each side and the judge can ask the venire questions to eliminate jurors who have biases. If someone has a bias and is unable to be an impartial juror, they will be struck for cause. There are unlimited strikes for cause.
Additionally, each side has four peremptory strikes in most cases. A peremptory strike means that the lawyer can exclude a juror for any reason aside from racial bias.
Opening Statements
After the jury is sworn in, both sides will proceed to opening statements. During opening statements, the lawyers will lay out their case and give the jurors a roadmap of what to expect. The opening statement is not an argument but rather an overview of the law and the expected evidence.
Witness Testimony
After opening statements, the prosecution will call their witnesses and enter relevant evidence. The prosecutors will question their witnesses during direct examination, and then the defense will cross-examine the witnesses. Cross-examination is a helpful way for the defense to poke holes in the prosecutor’s evidence.
After the prosecution has finished calling witnesses, they will “rest.” Then, the defense has an opportunity to call witnesses. However, the defense is not obligated to call any witnesses or enter any evidence because it does not have a burden of proof. Instead, the prosecution has the burden to prove the case beyond a reasonable doubt.
If the defense does call witnesses, the prosecution can cross-examine the witnesses just as the defense had an opportunity to cross-examine earlier.
Closing Arguments
After all of the evidence is presented, both sides will make closing arguments. During closing arguments, the lawyers will discuss the elements of the crime and the evidence presented during the trial and argue for either a guilty or not guilty verdict.
Unlike during opening statements, closing arguments tend to be more passionate. The lawyers have already laid out the evidence for or against the case and are making a final plea to the jurors.
Jury Deliberation
After closing arguments, the judge will read jury instructions to the jurors. The jury instructions are instructions that the jurors must follow while deliberating. Jury instructions include instructions about:
- The law
- The burden of proof
- The elements of the crime
- The jury deliberation process
- Impartiality
- Excluded evidence
When they enter the jury deliberation room, the jurors will receive copies of these instructions and all of the physical evidence.
Deliberating can take anywhere from hours, days, or even weeks in complicated cases. If the jury has questions about the evidence or law during deliberation, they can write down the question and submit it to the judge. The judge will answer the question with both the prosecutor and defense attorneys present.
Once the jury reaches a unanimous verdict, it will submit a jury verdict form to the judge. If the jury cannot reach a unanimous verdict, it results in a hung jury. The judge may then declare a mistrial, though further deliberation may be allowed before that decision is made. Usually, the foreperson or court clerk reads the verdict in the courtroom. If the verdict is guilty, the case will proceed to sentencing. The defendant is usually free to go if the verdict is not guilty.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
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Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
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Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771