As criminal defense lawyers in Harrisonburg, VA, our team at Cook Attorneys tries cases for those in our community who need legal defense. However, until the time comes when someone needs lawyers that handle traffic tickets, DUI lawyers in Harrisonburg, VA, or other legal representation, most individuals are unaware of what happens during a trial.
THE KEY PLAYERS IN A TRIAL
In our legal system, a trial between adversaries is believed to be the path to truth and justice. In a criminal case, a trial determines whether the accused is guilty or not guilty. Every defendant is presumed to be innocent until he is proven guilty.
Criminal cases are officially brought to court by the government. The lawyer who represents the government in the trial is known as a prosecutor. The role of the prosecutor is to present evidence sufficient to prove the guilt of the person or business accused of the crime. The prosecutor holds the responsibility of proving the defendant’s guilt beyond a reasonable doubt. Conversely, the defendant is not required to prove his innocence. If the prosecutor is unable to prove the guilt of the defendant beyond a reasonable doubt, the accused will be found not guilty.
The attorney who represents the accused is the defense attorney. While those who cannot afford an attorney are assigned a defense attorney by the court, many defendants choose to retain (hire) an attorney to defend them against the charges brought by the prosecutor.
Criminal trials in the General District Court and the Juvenile and Domestic Relations Court are bench trials; that is, the case is decided by a judge. In the Circuit Court, the case may be tried as a bench trial or as a jury trial. In a jury trial members of the community decide whether the accused is guilty. Virginia is one of the few states where the jury also makes a recommendation regarding the sentence. In most states and in federal court, the judge, not the jury, determines the sentence.
THE TRIAL
Opening statements are given by one or both sides by the prosecution and/or defense. These statements sometimes provide an overview of the case and summarize the evidence and sometimes alert the judge or the jury to the important issues they need to watch for during the trial.
Because the burden of proof rests on the prosecution, they are given the first opportunity to present evidence, usually the testimony of witnesses and the presentation of physical evidence. The defense is given the opportunity to present evidence, but in a criminal case, there is no requirement that evidence is presented, and that the defendant did not present evidence cannot be held against the defendant.
After the presentation of closing statements by both the prosecution and the defense, the judge or the jury will be given the opportunity to consider all the evidence and the law of the case before rendering a verdict.
If the defendant is found guilty of the charges, the judge or the jury will consider additional evidence — such as the defendant’s prior record, evidence of the defendant’s character, or victim impact evidence — before announcing the sentence. Of course, if the person is found not guilty, then he is free to go.
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