If you are preparing to go to trial to fight the criminal charges against you, it is important to know what to expect. Discuss your trial expectations and concerns with your criminal defense lawyer for a better understanding of the criminal process. In the meantime, continue reading for a brief explanation of what happens at a criminal trial in Indiana.
Trial By Jury
The judge decides which facts and evidences are allowed to be presented at trial. Both your attorney and the prosecuting attorney will take turns making certain objections until the judge makes a final decision. Then a jury is selected and instructed by the judge. From there, your pre-trial will commence with the prosecution’s opening statements.
After the prosecution’s opening statements, the prosecuting attorney will present all evidence against you. It is the burden of the prosecution to prove that you are guilty beyond a reasonable doubt. When the prosecuting attorney is finished presenting their evidence, they will begin to call witnesses to the stand for testimony. During this time, the defense will be given an opportunity to cross-examine them one at a time, questioning the honesty, validity, and accuracy of each witness’ testimony.
When the state rests, the defense will take their turn to give their opening statements and present their case. Once the defense has given their case summary and presented their evidence, they will begin to call their witnesses to the stand, during which the prosecution will also have a chance to cross-examine each one.When cross-examinations are through, both parties rebuttal the evidence presented. When this portion of trial comes to a rest, closing arguments are made. The state will go first and last, with the defense closing arguments in between.
After closing arguments, the judge will instruct the jury once more, and then ask them to begin deliberations. Jury deliberations can last anywhere from a few minutes to a few hours or more. Some juries have deliberated for weeks and months at a time; it just depends on how long it takes for them to come to a unanimous agreement. But in most cases, it takes less than a few hours.
When the jury does come to an agreement, they will reenter the courtroom and the judge will ask them to read their verdict. Then they will deliver a “guilty” or “not guilty” verdict. If you are found guilty, the judge will schedule a sentencing trial, usually within 20 to 30 days. During this trial, you will be handed down a sentence for your conviction. If you are found not guilty, you are simply free to go home and will not have to appear at any more trials or hearings.
Keep in mind that all cases vary depending on their individual circumstances, and the process could differ among defendants. It is important to learn what to expect at your trial from your Indianapolis defense lawyer. They can apply your unique case details and circumstances to the trial process, and explain what will happen in a language you can understand.