The Steps of a Criminal Trial 

A criminal trial typically begins after the defense and prosecution fail to reach a plea agreement. Before trial, an individual is typically arrested and arraigned on the offense. 

An arraignment is an initial appearance before a judge. During this time, a defendant has an opportunity to confer with an attorney, and the judge decides whether to set bail. Individuals who cannot afford an attorney are appointed a Texas public defender. From there, the case either proceeds to trial or is dismissed. Keep reading to learn more.

Plea Negotiations

Before a case goes to trial, the prosecution and defense often engage in plea negotiations. At the arraignment, the defendant may have the opportunity to reach a plea agreement, but this typically only occurs for very minor offenses, such as disorderly conduct. 

For even minor offenses, however, defendants often have strategic advantages in pushing the case forward, potentially to trial. For example, the state may end up dropping charges in Texas criminal cases. Often, the evidence that the state has against a defendant is inadequate, and a prosecutor may be more willing to offer a more favorable plea agreement later on.  

Discovery

The State must hand over the evidence it has in the case to the defense. The defense attorney reviews the documentation, conducts initial investigations, and interviews witnesses. Then, pre-trial motions, such as motions to suppress evidence, would limit what evidence within the discovery file may actually be shown to a prospective jury.

Grand Jury Indictment

Depending on the severity of the crime, the state may need a grand jury to review the facts and circumstances of the case. The prosecutors provide evidence, which may be witness testimony, video footage, photos, or other exhibits. The jury decides whether there is probable cause for an indictment.

Jury Selection

Once a case proceeds to trial, the next step is selecting a jury. Potential jurors are compiled, and voir dire begins. Under Texas law, jurors must take an oath to speak the truth. Voir dire means “speak the truth” in Latin, and at this phase, the jurors are encouraged to be as candid as possible. The dialogue between potential jurors and the lawyers on the case allows the attorneys working on the case to screen individuals for potential bias.

Trial

The criminal trial proceeds through several phases, either before a jury of the defendant’s peers or before a judge. Initially, both sides will present opening statements and have the chance to examine and cross-examine witnesses. The trial concludes with a closing statement. The prosecution holds the burden to prove guilt beyond a reasonable doubt.

Jury Instructions

When the trial has concluded, the judge instructs jurors on the elements of the crime and their duties. Before those instructions, both the prosecution and the defense may have addressed the elements of the offense during their closing arguments, framing their interpretations of how the law applies to the facts.

Jury Deliberations

From there, the jury begins private deliberations, during which they decide what they believe is the truth. During this phase, jurors review the evidence presented at trial, discuss the arguments made by both the prosecution and the defense, and work collectively to determine the facts of the case.

Jury Verdict

In criminal proceedings, the jury is generally required to reach a unanimous verdict to convict or acquit the defendant. If the jurors are unable to reach a consensus after a reasonable period of deliberation, resulting in a “hung jury,” the judge may declare a mistrial. In such cases, the prosecution may choose to retry the case or dismiss the charges, depending on the circumstances.

Sentencing

If the jury returns a guilty verdict, it means they have unanimously found that the prosecution has proven each element of the charged offense beyond a reasonable doubt. At that point, the trial phase concludes, and the case moves into sentencing, where the judge determines the appropriate punishment based on statutory guidelines, the nature of the offense, and any aggravating or mitigating factors.

Contact a Corpus Christi Criminal Defense Lawyer at Barton & Associates Attorneys at Law

If you are facing criminal charges, our experienced Corpus Christi criminal defense lawyers can help you. Call Barton & Associates Attorneys at Law to schedule a confidential consultation.

For more information, please contact our Corpus Christi criminal defense law firm at our Texas offices.

Barton & Associates Attorneys at Law, PLLC San Antonio

115 Camaron St, San Antonio, TX 78205 (210) 500 0000

Barton & Associates Attorneys at Law, PLLC Corpus Christi

5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415 (361) 8006 780