In most cases, it will take some time to decide the outcome of the case. When you hear the verdict, if you are not guilty acquitted , you can leave. But if you are guilty convicted , then you must wait for the judge to sentence you. Guilty parties are held in custody until sentencing is determined and pronounced in court.
Text Us. How a Criminal Trial Works. To do that, the prosecutor has to show that: you committed the crime, and all the parts of the crime actually happened there are usually several parts to a crime , and you intended to commit the crime. No-evidence motion—if the prosecutor has no evidence on an element of the crime, you can ask the judge to dismiss that offence. But if the judge or jury do find you guilty, then you cannot re-open your case. It is impossible to be sure what the judge or jury think, so it is a serious decision not to defend yourself.
Call your witnesses—if you choose to present your case, call your witnesses into the courtroom, one at a time, and ask them questions to explain your side of the story.
Then the prosecutor will cross-examine each of them. Decide whether to testify yourself—you do not have to testify tell what happened , but you may want to—so that you can directly tell the judge or jury what happened. If your version of what happened is important, you must tell it at this time, under oath because later, when you make your final arguments, you can only use evidence that you or your witnesses presented.
If you testify, the prosecutor can cross-examine you to try to show that you are not being honest or that you have changed your story.
You will have to answer all the questions that the prosecutor asks you, unless the judge decides the question in not proper. This cross-examination may include bringing out your criminal record to test your credibility.
The prosecutor may get evidence from you that can hurt your case, but the prosecutor cannot cross-examine you if you do not testify. Deciding whether to testify is often the most important decision you can make in your case. For example, you may be able to force the witness to admit that he or she: Is biased—if the witness is a friend of the victim or holds a grudge against you, you can argue that the witness may not be fair. Could not see clearly—you can question the witness about whether they wore glasses, drank alcohol, were close enough to see clearly, or whether it was too dark for them to see well.
With eyewitness testimony, they can question the reliability of the witness, the glaring problems with eyewitness memories, and problematic or leading witness questioning by police. If you or a loved one are facing criminal charges, your best defence is a criminal lawyer. William Jaksa is a Toronto criminal defence lawyer who understands the nuances and options for examining and challenging evidence. Contact Jaksa today for a consultation. Sep 30, Evidence. May 10, Evidence.
Mar 19, Evidence. Feb 4, Evidence. Nov 18, Evidence. Plea Deal , Toronto Criminal Lawyer. In an attempt to clear the high number of cases currently awaiting trial in the Ontario Courts, the government has created a new guilty plea certificate system that incentivizes those accused to plead guilty by providing legal representation for a guilty plea.
Criminal Trials. A summary offence is considered a less serious offence and comes with less severe penalties if you are convicted. DUI Attorney. December 3, How Evidence Was Gathered One of the critical factors your defence lawyer examines is how the evidence was gathered.
What Does the Evidence Actually Prove? Probative vs Prejudicial Prejudice can tarnish the fairness and integrity of legal proceedings. Is the Evidence Reliable? Toronto Criminal Defence Lawyer If you or a loved one are facing criminal charges, your best defence is a criminal lawyer. Related Articles. As a result, Bubbles can't be convicted of robbery. Example: In a federal case, a man named Kerley was convicted of failing to register in the armed forces.
Kerley had a duty to register in Instead of registering, he sent several letters to the Selective Service System announcing his refusal to register and opposition to military action. Kerley argued on appeal that his conviction was due solely to the uncorroborated admissions in his letters. The appeals court upheld the conviction, saying that there was enough independent evidence to establish that his admissions were trustworthy.
It pointed to the fact that Kerley "proudly volunteered" what amounted to his confession. The court also noted that the Selective Service had twice searched its files and failed to find any proof that Kerley had registered. United States v. Kerley , F. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Some states follow the "corpus delicti" rule, while others focus on the reliability of the confession.
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