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If Your Case Goes to Trial, You Can Expect the Following

Facing a criminal trial can be a daunting and stressful experience. Understanding what to expect during the trial process can help alleviate some of the anxiety and allow you to prepare adequately. At Brinkley Law, we are dedicated to guiding our clients through every step of their legal journey.

Here’s a comprehensive overview of what you can expect if your criminal case goes to trial.

1. Jury Selection (Voir Dire)

The trial process typically begins with jury selection, also known as voir dire. During this stage, both the prosecution and defense attorneys question potential jurors to determine their suitability for the case.

Key Points to Remember:

  • Purpose: The goal is to select an impartial jury.

  • Process: Attorneys may ask questions about jurors' backgrounds, beliefs, and potential biases.

  • Challenges: Both sides can use peremptory challenges (dismiss without reason) and challenges for cause (dismiss for specific reasons).

2. Opening Statements

Once the jury is selected, the trial begins with opening statements from both the prosecution and the defense.

Key Points to Remember:

  • Prosecution First: The prosecution presents their opening statement first, outlining their case and what they intend to prove.

  • Defense Next: The defense follows with their opening statement, presenting their perspective and strategy.

3. Presentation of Evidence

The core of the trial involves the presentation of evidence. This includes witness testimony, physical evidence, and documents.

Key Points to Remember:

  • Prosecution’s Case: The prosecution presents their evidence first, calling witnesses to testify and introducing exhibits.

  • Cross-Examination: The defense has the opportunity to cross-examine each prosecution witness.

  • Defense’s Case: After the prosecution rests, the defense presents its evidence, calling its own witnesses and introducing counter-evidence.

  • Rebuttal: The prosecution may present rebuttal evidence to counter the defense's case.

4. Closing Arguments

After all evidence has been presented, both sides make their closing arguments.

Key Points to Remember:

  • Summary of Case: Each side summarizes the evidence and argues why the jury should rule in their favor.

  • Prosecution First: The prosecution goes first, followed by the defense.

  • Final Word: The prosecution is usually allowed a final rebuttal after the defense’s closing argument.

5. Jury Instructions

Before the jury deliberates, the judge provides instructions on the legal standards they must apply when deciding the case.

Key Points to Remember:

  • Legal Guidelines: These instructions include definitions of legal terms, the burden of proof, and the elements of the alleged crime.

  • Objective Deliberation: Jurors are instructed to deliberate based solely on the evidence and the law.

6. Jury Deliberation and Verdict

The jury deliberates in private to reach a verdict.

Key Points to Remember:

  • Deliberation: The jury discusses the case, reviews evidence, and attempts to reach a unanimous decision.

  • Verdict: Once a decision is reached, the jury returns to the courtroom to announce the verdict.

  • Possible Outcomes: The verdict can be "guilty," "not guilty," or, in some cases, a "hung jury" if they cannot reach a unanimous decision.

7. Sentencing (If Convicted)

If the verdict is "guilty," the case proceeds to sentencing.

Key Points to Remember:

  • Sentencing Hearing: A separate hearing is held where both sides can present arguments and evidence regarding the appropriate sentence.

  • Judge’s Decision: The judge considers various factors, including the severity of the crime, the defendant’s criminal history, and any mitigating circumstances.

  • Possible Sentences: Sentences can range from fines and probation to imprisonment, depending on the crime and jurisdiction.


Understanding what to expect during a criminal trial can help you feel more prepared and less anxious about the process. At Brinkley Law, we are committed to providing our clients with comprehensive guidance and strong legal representation every step of the way. If you are facing a criminal trial, contact us today for legal assistance.

We are here to protect your rights and advocate for your best interests!



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