The jury will be directed to confine itself only to the evidence presented in court. If the verdict is guilty , this will be followed by sentencing, possibly at a later date.
The judge will decide what sentence to impose. If found not guilty , the defendant is acquitted. How a Criminal Trial works. Click here for our Covid 19 Response Updates.
Video resource Please change your cookie preferences to view this content. There are 2 types of offences that come to court — 'summary offences' and 'indictable offences'. Summary offences are generally less serious offences, such as trespass or minor road traffic offences.
These cases are heard in the District Court by a judge without a jury. The maximum sentence is 12 months imprisonment for a single offence.
Indictable offences are more serious offences, such as assault, murder, rape etc. Trials for these offences are usually held in the Circuit Court or in the Central Criminal Court which is part of the High Court , depending on the seriousness of the offence.
The case for the prosecution Prosecution counsel will open the case by telling the jury about matters that the prosecution intends to prove. The judge The judge presides over the trial and is the decision maker when any legal issues arise. For a jury trial for a misdemeanor case: The law says how soon a defendant charged with a misdemeanor must be brought to trial.
See section of the Penal Code. If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later.
If the defendant is not in custody at the arraignment, the trial must start within 45 days of arraignment or plea, whichever is later. But even if the defendant waives time, the law says the trial must start within 10 days after the trial date is set.
It is very important for defendants to get advice from an attorney before they waive time. For a jury trial for a felony case: The law says how soon a defendant charged with a felony must be brought to trial. The trial must start within 60 days of the arraignment on the Information. Before the trial starts, the lawyers choose a jury. Before the lawyers present evidence and witnesses, both sides have the right to give an opening statement about the case.
During the trial, lawyers present evidence through witnesses who testify about what they saw or know. After all the evidence is presented, the lawyers give their closing arguments. Finally, the jury decides if the defendant is guilty or not guilty. The jury must find the defendant guilty beyond a reasonable doubt. The defendant can never be tried again for the same crime. It simply means that the jury was not convinced that the defendant was guilty beyond a reasonable doubt.
If a defendant was wrongfully arrested and charged, and he or she wants to get the arrest removed from her or his record, a hearing to determine the factual innocence of the defendant must be held in front of a judge. It is often much harder to prove factual innocence, than to raise a reasonable doubt about guilt. If the defendant is found guilty, the defendant will be sentenced. If you are found guilty after a trial, you have the right to an appeal process. There are many reasons for an appeal of a criminal case, but appeals are also very difficult, so talk to a lawyer to make sure you know what is best for you.
There are also important deadlines that apply to appeals. If you miss the deadline, your appeal will most likely be dismissed. For misdemeanor cases, you must file a Notice of Appeal Misdemeanor Form CR within 30 days of the date of the judgment or order.
Keep in mind that the appeal is not a new trial. The appellate court can review the evidence testimony and exhibits presented at your trial to see if the trial court made a legal error in how the testimony or exhibits were received.
The appellate court does NOT decide the facts of the case as the judge or jury in the trial court does. You can only appeal if:. If you say there was not enough evidence in your trial to justify the judgment, the appellate court will review the record and decide if there was substantial evidence to support the judgment. If you say mistakes of law were made, the appellate court will hold a hearing to listen to both parties. The judge may consider different alternatives, such as a fine, probation, community service, a sentence to jail or prison, or a combination.
The judge must also order the defendant to make restitution to any victims who have suffered financial harm. Appeals from the District Court are heard in the Circuit Court. Interlocutory appeal: occurs when a party tries to appeal a judge's decision before the case has come to trial or before a trial is finished. Appeal of right: occurs after a final order has been entered by the trial court either a sentencing order, or an order dismissing the charge.
A recent amendment to the Michigan Constitution has eliminated most appeals of right when a defendant pleads guilty.
Most appeals of right now focus on the sentence imposed. Appeal by leave of the court: occurs when an appeal of right is not available e. The appellate court has the discretion to reject the appeal or can "grant leave". If the appellate court grants leave to appeal, the defendant and Prosecutor file briefs that summarize the case facts, frame the legal issues to be decided, and present persuasive written arguments supported by constitutional, statutory or prior case decision authority.
Either party can request that the case be scheduled before the appellate court judges for oral argument. The appellate court will eventually issue a written opinion or several opinions, if the justices disagree. Not all appellate opinions are "published" i. The legal analysis and conclusions in published opinions are given greater precedential authority than "unpublished" opinions.
Training Calendar. Internship Current Positions. About Subscriptions. Remember Me. Log in. Home Steps in a Criminal Case. Police Make an Arrest or Request a Warrant When a crime is committed in a police officer's presence or the officer has probable cause to believe that certain misdemeanors or any felony was committed that the officer did not see happen an officer may arrest a suspect on the spot without an arrest warrant. Warrant Issued The Prosecutor can issue a charge if he or she reasonably believes that probable cause exists that the suspect committed the offense.
Suspect Arrested if not already in custody The delay between the crime date and the defendant's arrest on an authorized charge can take any length of time e. District Court Arraignment This is the first court appearance for any misdemeanor or felony. All further pre-trial procedures are determined by whether the defendant is charged with a felony or misdemeanor: Misdemeanor At a misdemeanor arraignment, the defendant will be given a chance to enter a plea to the charge: plead guilty, plead not guilty, or stand mute i.
Felony At a felony arraignment in District Court, the defendant does not plead guilty or not guilty. Here is a general outline of the steps in a jury trial: residents of the local county are randomly selected from a Secretary of State list of licensed drivers, and are summoned to the Court as potential jurors; a blind draw selects twelve people from that group in felonies six in District Court misdemeanors ; Voir Dire: the Judge, Prosecutor and defense attorney question the jurors about their backgrounds and beliefs; the attorneys are permitted a limited number of "peremptory" challenges to various jurors or an unlimited number of challenges for good cause ; after twelve or six acceptable jurors remain, the Judge administers an oath to the jury and reads basic instructions about the trial process, etc.
A criminal case jury verdict must be unanimous. Pre-Sentence Investigation and Report The court's probation department prepares a report for the judge summarizing the crime, and the defendant's personal and criminal backgrounds.
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