Our Tampa Trial Attorneys discuss what someone can anticipate during either a civil or criminal trial. The next chapter in the basics of a Florida criminal case concerns what exactly happens at a trial. Everyone has seen what criminal trials look like on television and in movies, but as with so many other matters in the criminal justice system, fact is very different than fiction.
As we previously discussed, a criminal case has many stages including the investigation, arrest, arraignment, entry of plea, pre-trial conferences or status dispositions, and then the trial. The time between arraignment and trial can vary from months to years, depending on a whole host of factors, including the judge’s docket, complexity of case, availability of witnesses, etc.
The beginning stage of a trial is called “voir dire.” Voir dire is also called “jury selection.” During this stage, attorneys from both parties question potential jurors and eliminate those that they feel might have a bias or could negatively affect their case. At this phase, criminal attorneys work to ensure jurors are able to be fair and impartial in light of the charges. It is also a great opportunity for criminal defense attorneys to begin ensuring the jury will consider and ponder their defense during the trial. In cases involving pretrial publicity, criminal defense attorneys must ensure jurors do not have preconceived notions or opinions about the case during this very important phase.
The next stage is called “opening statements.” At this stage, an attorney from each party will tell the jury a little bit about the case and about the evidence that will be presented during the course of the trial. Criminal lawyers also begin introducing their theory of the case and defense in this stage. Depending on the charge and evidence, opening statements will vary in length.
Following the opening statements is the presentation of evidence. This comes in form of direct examination and cross-examination. The prosecution (or plaintiff in civil trials) presents evidence first, then the defense. The order of asking a witness questions is: direct examination, cross-examination, and rebuttal. Ultimately, this stage is very important for criminal defendants as they are more often than not presenting the majority of their case through cross examination because of the nature of a criminal trial.
The final phase of a trial is the “closing argument.” A closing argument is a party’s last chance to make an argument to the jury. Generally, the attorneys will briefly review what happened in the trial. The prosecution will argue that the facts indicate the defendant should be found guilty while the defense will argue that the facts indicate the defendant should be found not guilty. In Florida, the State Attorney’s Office gets the opportunity to present their closing argument first and last. Florida defense attorneys are forced to give their closing in the middle, often referred as the “sandwiched close.”
Following the closing statements, the judge will give the jury orders called “jury instructions.” The jury will then go to the jury room and decide on a verdict. In order for a jury to convict or acquit a defendant, it must be a unanimous decision (all of the jurors agree). If the jurors cannot agree on a verdict then they will enter what is a called a “hung jury” and a mistrial will be entered by the court. A mistrial often results in the State Attorney’s Office being able to bring about new charges. At which point the prosecution can decide to drop the case or start all over again with a new jury. If the jury finds a defendant guilty, then the judge will determine a sentence.
If you or someone you know has questions concerning a criminal jury trial, contact the criminal defense attorneys of Hackworth Law for a free case consultations. Our criminal trial attorneys have tried many criminal cases and had great success in courts across Florida. We look forward to working with you and your family.