Order criminal trial

The criminal trial process actually begins when a person is arrested. After a person has been arrested, they are transported to a local jail for processing.

This practice is commonly referred to as booking. They are photographed and have their fingerprints recorded. Some people are not arrested in the conventional sense and are instead issued with a citation, which effectively acts as a court summons. If the defendant fails to appear, then a warrant may be issued for their arrest.

After the accused person is remanded into police custody, they will have a chance to post bail during a special hearing. A judge will review the facts of the case and set bail at a certain amount. The defendant pays bail , which represents a promise to appear for any and all court hearings during the course of the trial. A person who appears to be a flight risk will usually be asked to surrender their passport. The defendant may be asked to check in with police officers or judicial officials on a regular basis as part of their bail agreement.

A person who is charged with a violent crime or who is deemed to be a risk to themselves, to acquaintances, or to the local community may have bail denied to them. Stages of a Criminal Trial The trial is perhaps the best-known part of the criminal process , but it is only one of many stages of a criminal case.

Voir Dire Defendants have the right to a trial by jury in many criminal cases, including all trials in the federal criminal system. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. Restitution for Crime Victims. Receiving Immunity for Testimony in a Criminal Case. Classification of Criminal Offenses. Admissibility of Evidence in Criminal Cases. Criminal Appeals.

Motions for a New Trial in Criminal Cases. Competency to Stand Trial for Criminal Defendants. Continuances in Criminal Cases.

Judgments of Acquittal in Criminal Trials. Joint Trials for Criminal Defendants. Immigration Removal Proceedings and Criminal Law. Miranda Rights for Criminal Suspects.

Right to Record Police Officers. This means that a defendant through his or her attorney is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team. These rules allow for a fair jury to be selected by all parties that are involved in the case.

The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made. Trial Jury Pool Representative of the Community To pick a fair jury, attorneys will need to have options for jurors.

The jury pool also known as a venire is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include: African-Americans Hispanics Asian-Americans Native Americans Women A jury pool will be selected randomly from all of these community groups.

While it must not be an exact match of the community, it must representative of the community. Voir Dire Questioning Potential Trial Jurors Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason.

Examples of reasons to challenge for cause include the following: Exposure to negative pretrial publicity Connection to law enforcement or the defendant Victim in a similar case Accidental exposure to the defendant while he was in custody Attorneys usually are given unlimited challenges for cause. A court may also choose to dismiss a potential juror for cause without a challenge from an attorney. Jurors can also be dismissed without stating a reason as part of a peremptory challenge.

There are typically limited amounts of peremptory challenges that an attorney is able to use during jury selection. Potential jurors are not allowed to be dismissed due to a particular characteristic, such as race, ethnicity, and gender.

This rule does not apply to challenges based on age or on mental and physical disabilities. Alternate Trial Jurors Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty.

The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. Upon admission of evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda.

When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified.