Criminal Trial

Criminal trials are designed to uphold justice and protecting individual rights. U.S. Criminal trials operate under an adversarial system, where the prosecution and defense present their cases and argue their positions before a neutral judge or jury. There are two main types of trials: jury trials and bench trials. In a jury trial, the jury decides the verdict. In a bench trial, the judge decides the verdict.

When facing a criminal trial. What to keep in mind when facing a criminal trial:

  1. Right to a Fair Trial: The defendant has a constitutional right to a fair and impartial trial, which includes the right to an attorney, the right to confront witnesses, the right to present evidence in their defense, the right to remain silent, and the right to a speedy trial.
  2. Presumption of Innocence: The defendant is considered innocent until proven guilty.
  3. Burden of Proof: The prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” This is the highest standard of proof in the legal system.
  4. Role of the Judge: The judge oversees the trial, ensuring that the proceedings follow legal procedures and that the rights of both parties are respected. The judge may also rule on matters of law and, in some cases, decide the sentence if the defendant is found guilty.
  5. Role of the Jury: In many trials, a jury of peers is responsible for evaluating the evidence and determining the defendant’s guilt or innocence. The jury’s decision must be unanimous in most jurisdictions for a conviction.
  6. Presentation of Evidence: Both the prosecution and the defense present evidence and call witnesses to support their case. Evidence must be relevant and admissible under the rules of evidence.
  7. Opening Statements and Closing Arguments: Both sides make opening statements to outline their case and closing arguments to summarize their evidence and persuade the jury.
  8. Cross-Examination: Each side has the opportunity to cross-examine the opposing side’s witnesses to challenge their credibility and the validity of their testimony.
  9. Legal Standards and Definitions: Understanding legal terms, standards of proof, and specific charges is crucial. For example, different crimes have different elements that must be proven for a conviction.
  10. Sentencing: If the defendant is found guilty, the judge determines the appropriate sentence, which may include fines, probation, imprisonment, or other penalties. Sentencing guidelines vary by jurisdiction and the nature of the crime.
  11. Appeals Process: If a party believes there were legal errors during the trial, they may appeal the decision to a higher court. Appeals do not involve re-litigating the facts but focus on whether legal procedures were followed correctly.

Lying to Federal Agents Can Lead to Serious Criminal Charges – Always Insist on Having an Attorney Present:

Typical scenario – early morning, FBI agents show up unannounced at your home or workplace wanting to speak with you. You are not under arrest, they are simply investigating something that you can help with. Maybe it’s about your employer, or friend, or something you were involved in with others. You are caught off-guard [...]

By |2024-08-18T13:57:11-04:00January 14th, 2022|Categories: Criminal Appeals, Criminal Charges, Criminal Trial, Fifth Amendment, Perjury|Comments Off on Lying to Federal Agents Can Lead to Serious Criminal Charges – Always Insist on Having an Attorney Present:

Embezzlement, Employee Theft and Criminal Forfeiture

Chief Financial Officers, Account Managers and bookkeepers all, to vary degrees, are trusted employees who have access to corporate funds. Access to company funds, with little or sporadic oversight, can leave a company vulnerable to a variety of fraudulent schemes to obtain funds those employees were not entitled to. Common schemes include: The trusted employee [...]

By |2022-01-11T18:20:19-04:00January 11th, 2022|Categories: Asset Forfeiture, Business Fraud, Criminal Charges, Criminal Investigation, Criminal Trial, White Collar Criminal Defense, White-Collar Crime Penalties|Comments Off on Embezzlement, Employee Theft and Criminal Forfeiture

Virtual Grand Jury and Virtual Trial During the Pandemic

Around the country, a number of state and federal courts have started to use virtual grand juries to indict, and virtual juries for actual trials. If you are concerned that jurors involved in virtual processes may not represent a true cross section of the population, or that virtual hearings are inherently unfair, you are not alone.

By |2024-08-21T12:10:35-04:00October 29th, 2020|Categories: Criminal Trial, Grand Jury Investigation|0 Comments

Coronavirus: What it Means for the Courts and Legal Representation

Many federal, state, and municipal courts have limited the number and types of cases they will be handling in the near term. Some have adjourned jury trials for several weeks and in some cases even months to see what happens after a period of isolation. Courts have summarily waived Speedy Trial Act rights and ordered continuances for a period of time. State courts in particular are promoting the use of video and teleconferencing in lieu of appearing in court. Municipal courts have adjourned court appearances for motor vehicle summonses and code violations. Detention has been waived in certain cases depending on the type of crime, the age of the offender, and other relevant factors.

Criminal Defense and the Use of Experts

In many cases, defense attorneys utilize various experts to assist in their defense of a client. Those experts may include private investigators, forensic accountants, psychologists, DNA analysts, accident reconstruction analysis and economists. While experts can provide invaluable assistance in understanding the prosecution’s theory of the case and in analyzing and attacking the government’s evidence, special care must be taken to protect and preserve the attorney-client and work-product privileges.

By |2024-08-09T18:09:05-04:00February 19th, 2019|Categories: Criminal Charges, Criminal Trial|0 Comments

Why There Are So Few Federal Criminal Trials

After more than two years of careful research and deliberation, the National Association of Criminal Defense Lawyers (NACDL) released The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It. The “trial penalty” refers to the substantial difference between the sentence offered prior to trial versus the sentence a defendant receives after a conviction at trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. The report notes that to avoid the trial penalty, defendants must surrender fundamental rights which are essential to a fair justice system. The release of this report has garnered support from leading criminal justice reform entities, all of which agree that the incursion on the right to a trial poses a clear threat to justice.

NJ Reverses Order Requiring Written Oral Defense Witness Statements

On May 2, 2017, the New Jersey Supreme Court beat back an attempt by prosecutors and a lower court judge to require a defendant to create and turn over evidence prior to trial over the defendant’s objection that doing so violated his right to remain silent. In State v. Tier, the Supreme Court clarified an issue that often causes a great deal of argument in the days leading up to criminal trials: the extent to which and in what form a defendant must provide the State with statements by witnesses who are expected to testify for the defense. In ruling for the defense, the Supreme Court provided criminal defendants with a valuable precedential opinion by which to combat overly-aggressive attempts by the State to shift the burden onto the defendant to produce evidence before trial.

Wearable Technology Used in Criminal Investigations to Solve Crimes

Technology has advanced the ease and quality of life immeasurably. Smart phones are handheld computers that can surf the internet; deliver emails, texts and phone calls; take videos and pictures; make dinner reservations and track your every movement through various apps. Our cars can almost drive themselves with lane change warnings; infrared cameras; heads-up displays, cruise control with radar; event data recorders that record speed, braking and seatbelt use; and GPS tracking in case the car is stolen. Home security cameras, Amazon Echo, smart TV, smart appliances and the like can all be controlled remotely through the internet. A variety of devices that are small and comfortable enough to wear, such as Fitbits, iWatches and the like can track our movements, heart rates, calories burned, number of steps and location.

Expanding the Use of Experts in Criminal Cases

 In many types of criminal cases, the right expert can be invaluable.  Whether it is a forensic accountant in a complex fraud or tax investigation; a medical or billing expert in a healthcare fraud investigation; a forensic psychiatrist for a sex abuse or child pornography case; a computer expert for a computer crimes matter; or a drug or gang expert in a serious drug case, the proper expert retained early in the investigation can assist the client’s criminal defense attorney in his or her efforts to prevent the charges from being filed, or to develop a solid defense to aid in plea negotiations or to prevail at trial.

By |2024-08-09T12:15:23-04:00January 31st, 2017|Categories: Criminal Investigation, Criminal Trial|Tags: , |0 Comments

Steps in a Criminal Case

The stages of a criminal case as it proceeds through the legal system can be confusing for individuals who find themselves on the wrong end of legal charges for the first time. Though popular media has no shortage of stories set within the criminal justice system, these fictional depictions often leave out important details. When a substantial portion of your personal and professional future hangs in the balance, it's critical to have a complete and accurate understanding of the steps through which your criminal case will proceed.

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