Trial Process Explained

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D) Trial: This is the process by which the case is heard by a jury and then a verdict is decided by the jury as guilty or not guilty. The Government has the burden of proof and must prove the Accused’s guilt beyond a reasonable doubt. Not all evidence is admissible in a trial and it is important that the defense lawyer be skilled and experienced in knowing what objections to make and when to make them. Missing an objection for any reason besides tactical could be devastating to a defense. Pretrial motions are sometimes utilized to keep out evidence illegally obtained.

Once the Defense rests, the Court will read some preliminary rules and the closing arguments will be given. If the defense does not call any witnesses, except the Accused, and did not introduce any evidence, then the defense gets to make the first and last closing argument. If the defense did introduce evidence or called witnesses other than the Accused, they get one closing argument sandwiched by the prosecution’s two arguments. Closing arguments provide opportunity for both sides to argue the case to the jury and to argue any reasonable inferences that can flow from the facts.

After the closing arguments, the Court instructs the jury on the law and then sends them to a separate room to deliberate the verdict. The jury can find the Accused guilty, guilty of a lesser offense or not guilty. For help with your case, contact a car accident lawyer Brooklyn NY.

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