CONTESTED CRIMINAL TRIALS
If you wish to have a contested trial, you can have your trial before a judge or a jury. In Texas courts, there are twelve jurors for a felony trial and six jurors for a misdemeanor trial.
The stages of a trial are as follows
Jury Selection: Jury selection is the process whereby the prosecutor and the defense attorney ask a panel of prospective jurors questions about potential facts and the law. During this question and answer process, the attorneys are attempting to build rapport with prospective jurors and determine which jurors will help their client’s case and which ones will hurt their client’s case.
After this initial questioning, the attorneys will then strike some of the jurors that hurt their client’s case. In a felony trial, each side gets 6 pre-emptory strikes for any reason and as many strikes that they can show good cause to receive. A strike for cause is that the individual cannot be fair and impartial in a case because of bias. In a misdemeanor trial, each side gets 3 pre-emptory strikes. Jury selection is a very important part of the trial. It is important to have an attorney that the jury likes. It has been said many times that jurors tend to vote for the lawyer that they like the most.
Stage One
Guilt/Innocence: After a jury is seated, the first stage of the trial begins. During the first stage of the trial, the jury considers only whether a defendant is guilty or not guilty. The jury is not supposed to consider the punishment that a defendant may receive if convicted.
The Plea: The first event that occurs during guilt/innocence stage of trial is that the prosecutor will then read the information or indictment to the defendant. After reading the charges, the defendant will then plea either guilty or not-guilty (usually not guilty).
Opening Statements: Opening statements describe what each attorney believes the evidence will show during the trial. It is sort of an outline of the case. The prosecution will go first because they carry the burden of proof. After the prosecution gives an opening statement, the defense can then make a statement or wait until the beginning of their case.
Prosecution Direct Evidence: After the statements, the prosecution will then start calling witnesses.
Defense Cross-Examination: The defense attorney will be able to question the prosecutor’s witnesses after the prosecutor.
After the prosecutor has called all of his witnesses, he will tell the judge that he rests. This signals that it is the defense attorneys turn to put on evidence.
Defense Direct Evidence: When the defense case begins, the defense attorney will then start calling his own witnesses. It is during this time that a defendant may testify on his own behalf. There are many reasons why the defendant may not testify even if they are innocent.
Prosecution Cross Examination: After the defense calls a witness, the prosecution may then question that witness.
After the defense attorney has called his witnesses, the defense will rest.
Jury Charge Conference: After all the evidence has been presented, the judge will present to the attorneys a proposed jury charge. The jury charge is the law the jury is to consider prior to returning a verdict. The attorneys will argue for the changes to the charge that help their case.
Jury Charge: After the judge rules on the final jury charge, he will read the entire jury charge to the jury. After the judge reads the jury charge, each side will be given an opportunity to give a closing argument.
Closing Arguments: Each side will give the reasons why the evidence supports either a guilty or not guilty verdict. After giving these arguments, the judge will give the charge to the jury and they will go to deliberate.
Jury Deliberation: During jury deliberation, the jury will elect a foreperson of the jury and consider all of the evidence presented during the trial. When they can agree or cannot agree on a verdict, they will return to the courtroom.
The Verdict: After the jury has deliberated, the jury must come back with a unanimous verdict in order for there to be a verdict of guilty or not guilty. If they cannot agree, the jury is said to be hung. A hung jury results in the prosecution being forced to present another trial. Sometimes a hung jury convinces the prosecution to dismiss their case. If the jury returns with a verdict of not guilty, the defendant is then free to leave without being on bond or having to worry about the charges tried in the trial.
At Reese & Escobar, L.L.P., our attorneys have received numerous not guilty verdicts and dismissals for our clients on DWIs, Murder, Attempted Capital Murder, Indecency with a Child, Sexual Assault, Failure to Stop and Render Aid, Intoxication Manslaughter, Possession of Child Pornography, and many others. If the jury returns a verdict of guilty, the parties proceed to stage two of the trial, punishment.
Stage Two
Punishment: The punishment stage of trial may proceed in the same way as guilt/innocence. If the defendant has selected the judge to consider punishment, then the judge will often order a pre-sentence investigation prior to sentencing the defendant. If the defendant selected the jury for punishment, then trial proceeds with opening statements, direct evidence witnesses from both sides, a jury charge, and closing arguments prior to a jury coming back with what they believe to be the proper punishment.
