OVERLAND PARK, kansas CRIMINAL TRIAL
Should you decide not to take a plea bargain your case will advance to the trial phase. Remember, that you may have reached this point but, excepting a deal is still an option (before the jury makes a decision). Discussed below are the trial stages.
Voir Dire
The trial process begins with voir dire. This is where those called to jury duty are interviewed to select you jury of your peers. If you are facing a felony charge you will be tried in front of twelve jury members. If you are facing a misdemeanor charge you will have six jurors. Selecting your panel may take hours, and in rare circumstances days.
During this process both attorneys, and the judge, will be asking questions of the panelists. You excuse, "for cause", those who cannot be impartial, have incurable bias, have outside knowledge of the case, etc. A potential juror can also be removed by "pre-emptory strike" by both sides. Should a strike, or several strikes, be prompted by the jurors race, gender or religion, your attorney will likely challenge the request. This is called a Batson (Batson v. Kentucky) challenge. Such a challenge forces the attorney offer a non-discriminatory rationale for removing the juror or risk the juror remaining on the panel.
Opening Statements
Once the jury has been selected, and the members are sworn in, each attorney is able to make an a statement about the case. Typically the State's attorney will go first and then your attorney will go. These statements give the jury a general understanding of the case before them, identify you and what you are being charged with, and the evidence that will support that will be presented. Both sides want to be seen as credible and motivated strictly by safety of the community, during this process.
State’s Evidence
After opening statements, the district attorney will present their evidence first. Their evidence may come in the form of witness testimony, physical evidence, exhibits, documents, etc. This is often the longest part of the trial because the State has the burden of proving your guilty.
Witness Testimony: The direct examination of the witnesses is how most of the evidence will be brought in. Your attorney will be afforded the opportunity to ask questions of their witnesses too (cross-examination) - Sixth Amendment right to confront your accuser(s). Your attorney will be working to discredit the witness and/or reveal holes in their testimony. The district attorney is then afforded a final opportunity to ask questions of its witness. Followed by your attorney's re-cross examination.
Exhibits: Most exhibits are presented through the witness(es) of the case. There are specific rules surrounding how, when, where, by who, etc. exhibits can be brought before a jury. Many of the exhibits presented can be later reviewed, by the jurors, while the deliberate. For that reason, what is or is not presented, is crucial to your case.
Objections: The rules of evidence guide processes and procedures surrounding testimony and evidence presented to the jury. Should either attorney violate these rules the other will object. Oftentimes the judge will make an immediate ruling on the objection but, sometimes both attorneys will be asked to approach the bench and discuss the matter with judge. The judge will either allow or disallow the evidence.
Defendant’s Evidence
After the district attorney rests their case (meaning they have presented everything they have), your attorney can make a motion for acquittal. This is where your attorney says to the court that the State has not bet their burden of proving your guilt, beyond a reasonable doubt, and your case should be dismissed by the judge. If, however, there is enough evidence that the jury may reasonably find you guilt then the jury will be asked to make the final decision (State v. Zamora).
Usually acquittal requests will not be granted and your will present your evidence next. This is where your defenses to the crime you are charged with, witnesses, exhibits, etc. are discussed. You have the right not to testify; however, if you want to you will do so at this stage. All witnesses, including you, can be cross-examined during this phase.
Closing Arguments
Following defendant’s evidence, each side will give closing arguments. The State will close first, your attorney will go next, and (if they so choose) the State will get a chance to present one more time. This is typically the last time each side will get the chance to solidify their position.
The district attorney will be working to show the jury that they have proven, beyond a reasonable doubt, that you committed the crime. Your attorney will be showing that they have not met their burden by reminding the jury of the holes, inconsistencies, missing, etc. evidence. This will also be where your attorney will again discuss any defenses or competing theories.
Once you reach this stage it is critical that an experienced attorney representing you. It won't just go away. At this point, it will end in one of four ways - by the state, by the court, plea agreement or trial. Quick resolve, in your favor, is unlikely; especially without an attorney.
Remember: Before the jury shares their verdict you still have the opportunity to accept a plea.
If you have pending charges you need an attorney right away! We can help you. Call now 913.602.7288 .
Voir Dire
The trial process begins with voir dire. This is where those called to jury duty are interviewed to select you jury of your peers. If you are facing a felony charge you will be tried in front of twelve jury members. If you are facing a misdemeanor charge you will have six jurors. Selecting your panel may take hours, and in rare circumstances days.
During this process both attorneys, and the judge, will be asking questions of the panelists. You excuse, "for cause", those who cannot be impartial, have incurable bias, have outside knowledge of the case, etc. A potential juror can also be removed by "pre-emptory strike" by both sides. Should a strike, or several strikes, be prompted by the jurors race, gender or religion, your attorney will likely challenge the request. This is called a Batson (Batson v. Kentucky) challenge. Such a challenge forces the attorney offer a non-discriminatory rationale for removing the juror or risk the juror remaining on the panel.
Opening Statements
Once the jury has been selected, and the members are sworn in, each attorney is able to make an a statement about the case. Typically the State's attorney will go first and then your attorney will go. These statements give the jury a general understanding of the case before them, identify you and what you are being charged with, and the evidence that will support that will be presented. Both sides want to be seen as credible and motivated strictly by safety of the community, during this process.
State’s Evidence
After opening statements, the district attorney will present their evidence first. Their evidence may come in the form of witness testimony, physical evidence, exhibits, documents, etc. This is often the longest part of the trial because the State has the burden of proving your guilty.
Witness Testimony: The direct examination of the witnesses is how most of the evidence will be brought in. Your attorney will be afforded the opportunity to ask questions of their witnesses too (cross-examination) - Sixth Amendment right to confront your accuser(s). Your attorney will be working to discredit the witness and/or reveal holes in their testimony. The district attorney is then afforded a final opportunity to ask questions of its witness. Followed by your attorney's re-cross examination.
Exhibits: Most exhibits are presented through the witness(es) of the case. There are specific rules surrounding how, when, where, by who, etc. exhibits can be brought before a jury. Many of the exhibits presented can be later reviewed, by the jurors, while the deliberate. For that reason, what is or is not presented, is crucial to your case.
Objections: The rules of evidence guide processes and procedures surrounding testimony and evidence presented to the jury. Should either attorney violate these rules the other will object. Oftentimes the judge will make an immediate ruling on the objection but, sometimes both attorneys will be asked to approach the bench and discuss the matter with judge. The judge will either allow or disallow the evidence.
Defendant’s Evidence
After the district attorney rests their case (meaning they have presented everything they have), your attorney can make a motion for acquittal. This is where your attorney says to the court that the State has not bet their burden of proving your guilt, beyond a reasonable doubt, and your case should be dismissed by the judge. If, however, there is enough evidence that the jury may reasonably find you guilt then the jury will be asked to make the final decision (State v. Zamora).
Usually acquittal requests will not be granted and your will present your evidence next. This is where your defenses to the crime you are charged with, witnesses, exhibits, etc. are discussed. You have the right not to testify; however, if you want to you will do so at this stage. All witnesses, including you, can be cross-examined during this phase.
Closing Arguments
Following defendant’s evidence, each side will give closing arguments. The State will close first, your attorney will go next, and (if they so choose) the State will get a chance to present one more time. This is typically the last time each side will get the chance to solidify their position.
The district attorney will be working to show the jury that they have proven, beyond a reasonable doubt, that you committed the crime. Your attorney will be showing that they have not met their burden by reminding the jury of the holes, inconsistencies, missing, etc. evidence. This will also be where your attorney will again discuss any defenses or competing theories.
Once you reach this stage it is critical that an experienced attorney representing you. It won't just go away. At this point, it will end in one of four ways - by the state, by the court, plea agreement or trial. Quick resolve, in your favor, is unlikely; especially without an attorney.
Remember: Before the jury shares their verdict you still have the opportunity to accept a plea.
If you have pending charges you need an attorney right away! We can help you. Call now 913.602.7288 .
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GET THE HELP YOU NEEDWithout the help of Kansas City, Kansas attorney, it is likely that your case will not go in your favor. Attorney T. Morton has the experience necessary to determine if you are being treated fairly and all know all of your options. Call now 913.602.7288
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HOW MUCH DO WE CHARGE? Consultations are free. Thereafter, depending on the nature of your crime(s): Criminal misdemeanor typically start at $2,500 and felony typically start at $3,500. We do accept payment plans and major credit/debit cards. FEES & PAYMENT PLANS
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WILL YOU GO TO JAIL OR TRIAL? It is possible but not likely. Most cases are resolved without a trial, and sometimes can be resolved without jail time. We prepare for trial nonetheless. You will be part of all conversations surrounding potential dismissal, deferment, trail prep, etc.
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WHEN SHOULD YOU GET AN ATTORNEY? Today! You are going into battle and you shouldn't do it alone or unarmed. There are critical deadlines, conversations, etc. that could make or break your case. Before you decide to accept any offers call us for a consultation. Attorney T. Morton, and team, can help guide you. Call us today @ 913.602.7288.
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