Trial

A trial before a panel of peers with a judge presiding over the proceedings is a jury trial. A case tried before a judge is called a bench trial. A defendant charged with an infraction is not entitled to a jury trial.

Whether the case is tried by a judge or a jury, the procedure is essentially the same.

Since the prosecution has the burden of proof to prove their case beyond a reasonable doubt, they have the first opportunity to speak to the court.  This is called an opening statement.  The opening statement is an opportunity to briefly describe the evidence that will be presented and what that evidence will mean to the court or the jury.  Neither side is required to make an opening statement.  After the prosecution has made its opening statement, the defense can make its opening statement.

After the opening statements, the prosecution presents its case.  The prosecutor will offer evidence to prove that a crime was committed and that the defendant committed the crime.  After the prosecution is done, the defendant will have the opportunity to present his/her side of the story.  Either side may present testimony by witnesses or through submitting documents in compliance with the rules of evidence.

After the defendant has presented his/her side of the story, then both sides will have the opportunity to rebut the evidence presented by the other side.  This is done by presenting additional testimony or evidence.

After each side is done, closing arguments are made.  During closing arguments, each side will have the opportunity to tell the court why they think the case should be decided in their favor.

The case is then submitted to the court or the jury for a determination as to whether the defendant is guilty or not guilty.  If the defendant is found not guilty, then the proceedings will end.  If the defendant is found guilty, then the court will enter the finding and proceed to sentence.