Dissecting the Criminal Trial Process

At William Weinberg, we understand that navigating through the criminal justice system can be daunting. Every criminal trial is entrenched in history and tradition, often following a widely accepted procedure derived from America's common law roots. These steps, designed to ensure a fair trial, typically unfold as follows:

  1. Choosing the Decision Maker: The defendant has the right to decide whether to opt for a judge or a jury trial, as the prosecution is not permitted to insist on a jury.
  2. Jury Selection: During jury trials, both parties engage in "voir dire", a process of interviewing potential jurors to establish an impartial jury, guided by the judge and influenced by the lawyers' suggested inquiries.
  3. Pre-Trial Motions: Before the trial commences, both the defense and prosecution can file motions "in limine" to include or exclude certain evidence, shaping the trial's boundaries.
  4. Opening Statements: Both sides present their initial summaries of the case, setting forth their anticipated arguments and evidence, which they confidently believe they can deliver upon.
  5. Government's Case-in-Chief: The prosecution leads off by introducing evidence and examining their witnesses to build a case against the defendant.
  6. Defense's Turn for Questioning: The defense has the opportunity to question the prosecution's witnesses through cross-examination.
  7. Additional Examination: The prosecution can then redirect questioning to clarify evidence presented during cross-examination.
  8. Prosecution Rests: The prosecution concludes its presentation of evidence.
  9. Defense's Motion to Dismiss: The defense may seek a dismissal if it deems the prosecution's proof insufficient, although courts routinely deny such motions.
  10. Defense Case-in-Chief: The defense lays out its evidence and examines its witnesses to counter the prosecution's claims.
  11. Prosecution's Cross-Examination: The defense's witnesses are then cross-examined by the prosecutor.
  12. Defense Redirect: Further questioning may occur by the defense to its witnesses after cross-examination.
  13. Defense Rests: The defense culminates its side of the argument.
  14. Prosecution Rebuttal: The prosecution may introduce additional evidence to challenge the defense's case.
  15. Finalizing Jury Instructions: Together with the judge, both sides formulate the instructions that will be given to the jury, guiding their deliberation process.
  16. Closing Arguments: Each side summarizes their case a final time, with the prosecution arguing for a verdict of guilty, while the defense pleads for acquittal, or at least conviction of a lesser offense.
  17. Jury Deliberation: The jury retires to discuss the case and arrive at a verdict, typically requiring a unanimous decision, with some exceptions.
  18. Post-Trial Motions: Following a guilty verdict, the defense can file motions for a new trial or an acquittal, which are generally denied.
  19. Sentencing: Upon conviction, the judge announces the sentence immediately or schedules it for a future date.

For a detailed exploration of each phase or for guidance if you or a loved one are facing a criminal trial, reach out to William Weinberg. Our skill and commitment to justice ensure that your rights and interests are vigilantly protected throughout the legal process. Contact us at (949) 474-8008 for the representation you deserve.

Client Reviews
He was open, honest and compassionate (qualities you don't always find in an attorney) and his credentials proved that he is more than qualified to handle this complicated case. JoAnn H.
Not only did [my case] get resolved with great efficiency, [Mr. Weinberg and his team] were very open with me and kept the lines of communication flowing which I appreciated greatly. Ryan T.
There are many things about our conversations that told me that bill was an honest guy and knew what he was talking about. Amy C.