What Should You Know About the Criminal Trial Process?

Facing criminal charges is a stressful thing, but knowing something about how the trial process works can help. A Waldorf, MD criminal defense attorney can explain the steps ahead in more detail and help you make informed choices according to how these steps will apply in your case.

The Criminal Trial Process in Waldorf, MD

Initial Appearance and Bail Review

Your first court date is called an initial appearance, and it happens soon after arrest. A judge or commissioner explains the charges, the maximum sentence for each, and your right to get legal counsel.

At this review, the judge decides if you stay in custody or get released, and it helps a lot to have a lawyer by your side to argue for you here. Factors the judge will consider include whether you’re a flight risk or a danger to the community and whether you have a criminal history.

Discovery and Pretrial Motions

Next, both sides exchange information in a process called discovery. The prosecution shares their evidence, and your lawyer must provide details about your defense. This phase uncovers strengths and weaknesses on both sides so you can decide if a plea deal makes sense and stipulate to certain facts that everyone agrees on.

Pretrial motions are then used to address certain issues before trial, and these requests can weaken the state’s case or end it entirely.

Plea Bargaining and Alternatives

Many cases resolve at this point through plea bargains. In a bargain like this, the prosecution will typically offer reduced charges or lighter sentences in exchange for a guilty plea. You might, for example, plead guilty to a misdemeanor, and they’ll drop the felony charges so you can avoid time in jail. Only your lawyer can tell you if a plea bargain is a good deal. If there’s no deal, the case goes to trial.

The Trial

In Waldorf, MD, trials occur in Charles County courts. District Court handles quick bench trials for lesser crimes, and for jury trials or felonies, the cases shift to Circuit Court. Trials start with jury selection if there is a jury, and then both sides give their opening statements to outline their case. The state then goes first to present evidence against you. Your lawyer cross-examines witnesses for the state to question their credibility or highlight where their testimony is inconsistent. Then, your defense calls witnesses, and the state cross-examines them.After all the evidence is presented, both sides summarize their case with closing arguments. The judge then instructs the jury on the law, and the jury goes to deliberate until they reach a verdict. In bench trials, the judge handles everything and decides the verdict him or herself.

Verdict and Sentencing

If you’re found guilty, sentencing may be done the same day or later. If you’re found not guilty, you are acquitted and released. If there were errors in the trial, you can appeal, but appeals can only focus on legal mistakes. You can’t appeal to retry the facts of the case.

Talk to a Criminal Defense Attorney Today

If you’re facing charges, contact Farmer & Klopfer today in Waldorf or Upper Marlboro to find out all your defense options.

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