How does court trial work

The defendant can change his or her plea to guilty or no contest. The judge and lawyers from both sides may talk about how the case can be resolved without going to trial. In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.

At that time, the defendant will enter a plea and proceed to trial. Before the trial:. Defendants in criminal cases other than infractions have the right to have a jury of their peers decide their guilt or innocence. Therefore, before trial, defendants need to decide whether to have a jury trial where the jury decides if the defendant is guilty or not or a court trial where the judge decides. Usually, defendants choose to have a jury trial because they want a jury of their peers to hear the evidence and decide their guilt.

But sometimes there may be circumstances where a defense attorney will recommend a court trial without a jury. Everyone accused of a crime is legally presumed to be innocent until they are convicted, either by being proved guilty at a trial or by pleading guilty before trial. This means that it is the prosecutor who has to convince the jury that the defendant is guilty and must provide proof of guilt beyond a reasonable doubt. The defendant has the right to remain silent and that silence cannot be used against him or her.

For a jury trial for a misdemeanor case: The law says how soon a defendant charged with a misdemeanor must be brought to trial. See section of the Penal Code. If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later. If the defendant is not in custody at the arraignment, the trial must start within 45 days of arraignment or plea, whichever is later. But even if the defendant waives time, the law says the trial must start within 10 days after the trial date is set.

It is very important for defendants to get advice from an attorney before they waive time. For a jury trial for a felony case: The law says how soon a defendant charged with a felony must be brought to trial. The trial must start within 60 days of the arraignment on the Information. Before the trial starts, the lawyers choose a jury. Before the lawyers present evidence and witnesses, both sides have the right to give an opening statement about the case.

During the trial, lawyers present evidence through witnesses who testify about what they saw or know. After all the evidence is presented, the lawyers give their closing arguments. Finally, the jury decides if the defendant is guilty or not guilty. The jury must find the defendant guilty beyond a reasonable doubt. The defendant can never be tried again for the same crime. It simply means that the jury was not convinced that the defendant was guilty beyond a reasonable doubt.

If a defendant was wrongfully arrested and charged, and he or she wants to get the arrest removed from her or his record, a hearing to determine the factual innocence of the defendant must be held in front of a judge. You can cross-examine Crown witnesses, and Crown can cross-examine your witnesses.

You can use cross-examination to try to show the following:. Admissibility of Evidence Sometimes a judge will not allow certain kinds of evidence to be used. There are a number of reasons that evidence may be inadmissible. For example:. Final Arguments Submissions are the final arguments that both you and the prosecutor make to the court. After all the evidence is presented above , you can now speak to the judge or jury to persuade them that you are not guilty.

Your arguments must be based on the evidence or lack of evidence presented during your trial—you cannot use new evidence. If you presented evidence for your case, you will make your Submissions first, and the prosecutor will go second. The Verdict The judge or jury decides if you are guilty after hearing all the evidence and the submissions. In most cases, it will take some time to decide the outcome of the case. When you hear the verdict, if you are not guilty acquitted , you can leave.

But if you are guilty convicted , then you must wait for the judge to sentence you. Guilty parties are held in custody until sentencing is determined and pronounced in court. Text Us. How a Criminal Trial Works. To do that, the prosecutor has to show that: you committed the crime, and all the parts of the crime actually happened there are usually several parts to a crime , and you intended to commit the crime.

No-evidence motion—if the prosecutor has no evidence on an element of the crime, you can ask the judge to dismiss that offence. But if the judge or jury do find you guilty, then you cannot re-open your case.

It is impossible to be sure what the judge or jury think, so it is a serious decision not to defend yourself. Call your witnesses—if you choose to present your case, call your witnesses into the courtroom, one at a time, and ask them questions to explain your side of the story. The defence must merely show that there are circumstances where doubt can be cast on the prosecution case. This means in effect that if there are other possible reasons for what occurred, then the jury should give the accused the benefit of the doubt.

The judge presides over the trial and is the decision maker when any legal issues arise. S he may intervene at any time during the trial to halt irrelevant questioning or argument, or to clarify issues. The judge will also rule when the prosecution or defence object to lines of questioning.

It is for the judge, to decide on points of law. Sometimes the jury is asked to leave the court while these legal arguments are discussed by the judge and counsel.

Once they have had an opportunity to present their case and to challenge the evidence presented by the other, both sides "rest," meaning that no more evidence will be presented to the jury before closing arguments are made. This involves summarising the facts for the jury and to emphasise the merits of their respective cases.

At the end of the trial, the judge will explain the law to the jury and summarise the facts of the case. The judge will give directions about the duties of the jury before they are sent to deliberate and consider a verdict.

The jury will be directed to confine itself only to the evidence presented in court. If the verdict is guilty , this will be followed by sentencing, possibly at a later date. The judge will decide what sentence to impose.

If found not guilty , the defendant is acquitted.