Bronx Criminal Lawyers - Trial Guide for Bronx Criminal Attorneys

All criminal trials in Bronx County fall within two main categories; jury trials, and non-jury trials. A non-jury trial, also known as a judge trial, represents only a small percentage of all major criminal trials actually conducted in the Bronx. Persons charged with criminal offenses have the option of choosing a non-jury trial, but retain the constitutional right to a trial by jury. In only those cases where a defendant is facing minor criminal charges can the prosecution demand a judge trial.

If the matter being tried is a jury trial, then a jury must first be selected. This process is known as voire dire, a french expression meaning "to speak the truth". Once the jury has been selected, or the matter being tried is non-jury, the rules of evidence, and trial procedures, are the same.

The first step in any criminal trial is for the prosecution to make an opening statement. An opening statement is similar to a table of contents, and outlines to the judge, or jury, what it is the prosecution intends on proving. Next, the defense, if it so desires, may also make an opening statement. This, however, is not mandatory, since no defendant has any burden to either prove, or disprove, anything in any criminal trial. If the defense elects to make an opening statement, it provides the judge or jury with an outline of the defense's case.

Next, the prosecution must then begin attempting to prove his or her case. This is done by the presentation of evidence. The evidence presented may be testimonial, photographic, scientific, or submitted in numerous other ways consistent with the rules of evidence. The defense has the right to challenge each and every piece of evidence proffered by the prosecution.

After the prosecution has finished presenting its evidence, it will announce to the court that it has no further evidence. At this point the prosecution has concluded "The People's Case", and has elected to call no further witnesses other than possible rebuttal witnesses. Once the prosecution has concluded its case, the defense then moves to dismiss the charges on the grounds that the evidence presented was "insufficient as a matter of law" as to each and every charge presented. This is known as a "prima facia" motion. If the judge agrees with this legal argument, then the charges will be dismissed. The trial will only continue if the judge agrees that some, or all of the charges have been legally "sustained".

If the judge does not dismiss all of the charges based on the "prima facia" motion, the trial will continue. At this point, the defense may, but is not obligated, to present a case. The defense may then call its own witnesses, or provide other evidence as it deems appropriate. Finally, the defense must decide if the defendant will testify.

If the defense presents a case, the prosecution may challenge all of the evidence presented by the defense, including the testimony presented by the defendant. Once the defense has finished presenting its case, and has no more witnesses, the defense will announce to the court "The Defense Rests". The prosecution may elect to call a rebuttal witness to refute any testimony of one or more of the defense witnesses that testified. Once the prosecution decides to call no more witnesses, the prosecution will announce to the Court "The People Rest".

Once the People rest, the defense must move to dismiss all of the charges again, this time on the grounds that "reasonable doubt exists as a matter of law" as to each and every charge. This is a legal decision the court will consider. If the judge agrees, the case is over-at least as to those charges the judge dismissed. If the charges are not dismissed, the matter will go before the jury, or the judge for final arguments.

Final arguments, also know as summations, will be made first by the defense, then by the prosecution. The prosecution will try to convince the court, or the jury, that the evidence presented proves the defendant guilty beyond a reasonable doubt. The defense will argue that reasonble doubt exist because of the evidence, or lack of evidence. Once summations are concluded, the jury is instructed as to the applicable law, and will retire for deliberations. If a judge trial, the court will also retire for deliberation.

Once the Jury has made a decision, which must be unanimous, the jury will send out a note announcing a verdict. The jury will be brought out to the courtroom. The chairperson of the jury will be asked to stand. The defendant will also be asked to rise. The clerk of the court will then ask the jury to announce "Guilty" or "Not Guilty" as to each and every charge. In the case of a Judge trial, the Court will announce its verdict in open court. Once the verdict is announced in open court, the trial has been concluded.

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*ALEXANDER SANCHEZ, ESQ. is a highly regarded Bronx Criminal Lawyer located across the street from Bronx Criminal Court. With over 30 years experience, Mr. Sanchez has tried hundreds of criminal matters. He also appears regularly on national TV shows discussing the major legal issues of the day. If in trouble, call Mr.Sanchez at 718-665-0112 for immediate legal assistance.

Alexander Sanchez, Esq.
860 Grand Concourse
Bronx, NY 10451
718-665-0112
http://www.Alexander-Sanchez-bronx-Criminal Lawyer.com
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