Utah Criminal Trial Attorney - Jury Trials - Bench Trials
The
right to a trial by jury is one of the most fundamental rights
protected by our Constitution. Just being charged with a
crime does not make you guilty. Instead, in a criminal case our
Constitution places the burden of proof on the prosecutor, who is
required to prove each required fact beyond a reasonable
doubt and convince a jury of your peers that you are guilty. If a
criminal prosecutor cannot meet that burden, the jury is required to
find you not guilty.
The process of presenting a jury trial can be quite
complicated. Having a seasoned
criminal
defense attorney
on your side can help give you the best
chance of success in your case. Stephen Howard has conducted trials in
a variety of cases, including jury trials in cases involving murder,
attempted murder, aggravated robbery, aggravated sexual abuse, drug
charges, forgery, burglary, DUI, and more. Contact us today to arrange
for an initial consultation.
Overview of the Utah Jury Trial Process
Jury Selection and Voir Dire
While there are many steps involved in getting a case ready for
trial, the first step in actually conducting a jury trial is the
selection of a jury. In a process called "voir dire,"
prospective
jurors are required to answer questions designed to reveal any
prejudices
or biases that might prevent them from being fair and impartial.
If any prospective
jurors demonstrate by their answers that they would not be fair and
impartial, they can be removed "for cause." Each side
(prosecution and defense) then has the opportunity to remove a certain
number of potential jurors using what is called a "peremptory
challenge." These challenges can be based on just about
anything
except for Constitutionally protected factors, such as race or gender.
Opening Statements
Once
the jury is empaneled, both sides have the opportunity to present an
opening statement to the jury. This allows each side
to
explain to the jury what evidence they can expect to hear during the
trial. While some attorneys will either waive the
right to
present an opening statement or reserve the opening statement until the
beginning of the defense case, a good criminal defense attorney
understands the
importance of getting the theory of your case into the juror's minds as
soon as possible. Presenting your version of events early on
can
give you a better chance of swaying the jury to your side.
Presentation of
Evidence and Cross-Examination
Following
the opening statements, the prosecution has the first chance to present
evidence and witnesses. After the prosecutor examines
(questions)
each witness, defense counsel gets to conduct a cross-examination of
the witness. This is an opportunity to identify
contradictions in
the witness' testimony, clarify testimony, or to bring out favorable
facts that the prosecutor may have tried to avoid.
The Defense Case and Defendant's Decision to Testify
After the
prosecution has presented its witnesses, the defense then has the
choice of whether or not tor present further evidence or witnesses.
Although a defendant in a criminal case is entitled to a
presumption of innocence, it is often beneficial to present evidence in
rebuttal of the prosecutor's case. It is often said that the
best defense is a good offense,.
The defendant must
ultimately decide whether or not to testify. This can be a
hard
decision. On the one hand, many jurys like to hear both sides
of
the story. On the other hand, there can be circumstances in
which
a defendant's choice to testify can work against the defense case.
If a defendant chooses to testify, the prosecutor is then entitled to
cross-examine the defendant. A
defendant's testimony may also open the door to allow the prosecutor to
introduce damaging evidence that otherwise would be inadmissible.
For example, evidence of a defendant's prior criminal record
is
generally inadmissible, but can become admissible if the defendant
testifies. Evidence that may have been suppressed for a Fifth
Amendment violation may become admissible if the defendant testifies in
a manner contrary to previous statements or admissions made by the
defendant. It is a complicated decision, and one that should
only
be made after serious consultation with an experienced criminal defense
attorney.
Prosecution's Rebuttal Case
At
the close of the defense case, the prosecutor has the opportunity to
present witnesses and evidence in rebuttal of evidence that has been
presented by the defense. Any rebuttal witnesses are again
subject to cross-examination by the defense.
Jury Instructions
Following
the presentation of all evidence, the judge will instruct the jury on
the laws that they are supposed to follow in deliberating as well as
the elements of each charge that must be proven by the prosecutor.
Closing Argument
The
final step in the trial is the closing argument. During
closing
arguments, the prosecutor has the opportunity to speak twice to the
jury, while the defense has only one opportunity. The
justification that is sometimes given is that the burden of proof is on
the prosecutor, who should therefore be entitled to have both the first
and last word. In theory, the second opportunity to speak is
to
allow the prosecutor to respond to the arguments raised by defense
counsel's closing argument. The reality is that many
prosecutor's
will intentionally save their best material for last, so as to deny the
defense an opportunity to respond. This requires defense
counsel
to not only respond to what the prosecutor says in closing argument,
but to also anticipate what the prosecutor will present in the rebuttal
argument. Having an experienced criminal defense attorney
here
can make all the difference.
Jury Deliberations
Following
closing arguments, the jury is left to deliberate, or discuss among
themselves, whether they have been convinced beyond a reasonable doubt
that the defendant is guilty. Unlike a civil case, in a
criminal
case, the jury is required to reach a unanimous verdict. This
applies to both a not guilty and a guilty verdict. Either
way,
the jury must unanimously agree.
Reading the Verdict
After
the jury has reached a verdict, the judge will call both sides and the
jury back into the courtroom. In some jurisdictions, the jury
foreperson will read the verdict. In other jurisdictions, a
court
clerk will announce the verdict. Once the verdict is
announced,
either party may ask to have the jury polled, which means that each
individual juror is asked to affirm that the verdict read accurately
represents that juror's individual position. After the
verdict is
read, the jury is dismissed.
Dismissal or Sentencing
If
the jury's verdict was "not guilty," then the case is dismissed and the
defendant is free to go. If the verdict is "guilty," then a
sentencing hearing is scheduled. Under Utah law, a person is
entitled to be sentenced no sooner than two days, and no later than 45
days after the trial. That means that you are entitled to not
be
sentenced the same day your trial is held. The judge will
typically set the hearing between four and six weeks out, and will
usually request that a pre-sentence report be prepared.
Bench Trials in Utah
Not all trials are heard by a jury. A bench trial is one in
which the judge, rather than the jury, is asked to hear the
testimony and make a factual determination of guilt or innocence.
While most defense attorneys agree that you are generally
better off presenting your case to a jury rather than a judge, there
are circumstances where a judge may be in a better position to give you
a fair trial.
The
Sixth Amendment to the United States Constitution guarantees the right
to a jury trial for criminal charges that carry the potential of
incarceration for more than six months. But in Utah, a person is
guaranteed the right to a jury trial on all misdemeanor and felony
charges. For some "petty" misdemeanor offenses, prosecutors will
sometimes attempt to eliminate the defendant's right to a jury trial by
amending the charge to the infraction level.
The
procedures for a bench trial are essentially the same as for a jury
trial. The obvious exceptions would be that there is no jury
selection, no jury instruction, and no jury deliberation. Instead, the
judge alone performs the fact-finding function that the jury would
normally perform. And the judge alone makes the deicision as to what
verdict should be reached.
Appeals Following Trial in Utah
If
you have been convicted of a criminal offense at trial, you have a
right to appeal your case. The appeal process can be long and
complicated. But if you decide you want to appeal, a notice
of
appeal must be filed within 30 days after the final order (sentencing
order) is entered.
Finding a Criminal Defense Attorney in Utah
The decision to take your case to trial is a serious one.
There are risks involved in taking any case to trial.
You
can greatly improve your chances of winning your trial if you have an
experienced
Utah criminal defense
attorney on your side. Stephen Howard has a record of achieving real
results for his clients.
Based in Salt Lake City, criminal attorney Stephen Howard offers legal services to clients throughout all of Utah.
Contact us today to schedule an initial consultation. See the difference experience can make.